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Relaunch of the GTMO Periodic Review Boards
Just as the great post-2008 wave of GTMO habeas litigation winds down, it appears to be time, at last, to revive the Periodic Review Board system at GTMO. DOD breaks the news here (text reprinted below ... -
D.C. Circuit: No Postponement in Al Janko v. Gates, Either
Just as it did in Aamer v. Obama, the Department of Justice filed a motion for postponement in Al Janko v. Gates, another Guantanamo-related appeal before the D.C. Circuit. -
A Bad Idea Recycled
If a capture comes, can calls to send the terrorist to Guantanamo be far behind? Apparently not. ABC News is reporting that GOP Senators Lindsey Graham, Kelly Ayotte, and Saxby Chambliss are calling fo... -
D.C. Circuit Denies Government's Motion to Postpone Argument in Aamer v. Obama
The government may not have its act together, but the third branch insists on carrying on anyway. The other day, the Justice Department filed a motion to postpone oral argument in the force-feeding case... -
On Al-Liby, and the Transition from Military Detention to Criminal Prosecution
Abu Anas Al-Liby's detention aboard the U.S.S. San Antonio raises a host of issues regarding his eventual handover to the criminal justice system. A biggie is the extent to which criminal procedural rul... -
DoD Special Envoy for Gitmo Closure Named: Paul Lewis
The Pentagon has just announced the new DoD special envoy for Guantanamo closure: Paul Lewis. Secretary Hagel Announces Appointment to Key Defense Post Defense Secretary Chuck Hagel today announced th... -
Ninth Circuit: No Subject-Matter Jurisdiction In Hamad v. Gates
The Ninth Circuit Court of Appeals has issued its memorandum opinion in Hamad v. Gates, a challenge by a former Guantanamo detainee to his detention and treatment while in U.S. custody. It found that §22... -
The Attempt to Capture Ikrima Probably Does Not Signify a Shift Regarding the Scope of the AUMF
As information continues to emerge regarding the Baraawe raid, it is becoming increasingly clear that the operation was of a piece with, rather than a departure from, existing US policy. According to N... -
Ending the End-of-War Timeline
Nine or so months ago, following President Obama’s inaugural address assertion that a “decade of war is now ending,” which came on the heels of Jeh Johnson’s speech about the end of war against al Qaeda... -
Tsarnaev Files Motion to Vacate Special Administrative Measures
Last Wednesday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed a motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his motion, Tsarnaev argues that the ... -
Thoughts on Legal Issues Raised by the Baraawe Raid and the Tripoli Rendition
Yesterday's Special Operations Forces raid on an al-Shabaab facility in Baraawe, Somalia, and the near-simultaneous capture-and-rendition of an al Qaeda figure in Tripoli, raise a number of interesting l... -
DDC Grants the Writ in Idris Habeas Case [UPDATED]
We understand that Judge Royce Lamberth did so this afternoon---apparently in light of the United States's decision, earlier this week, to withdraw its opposition to Idris's petition. We don't yet have ...
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