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While everyone has been focused on Libya war powers over the last few days, the DC Circuit issued an interesting opinion on Tuesday in an Alien Tort Statute suit (Ali Shafi v.
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Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester...
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At this hour, I am participating in a briefing for the House Armed Service Subcommittee on Oversight and Investigations concerning transfers of Guantanamo detainees to Yemen. Brookings has posted my writ...
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The appellant's reply brief is now available for Suleiman v. Obama. Petitioner Abdulrahman Suleiman challenges Judge Reggie Walton’s July 2010 decision denying him the writ of habeas corpus.
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The appellant's brief in the case al-Zahrani et al. v. Donald Rumsfeld is now available. This case relates to the reported suicides at Guantanano in 2006, the conspiracy theories about which Ben wrote he...
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In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking des...
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The memorandum opinion filed on May 23rd in al-Hajj v.
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Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairull...
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A number of readers have written in to argue that my attempt to complicate the D.C. Circuit's emerging doctrine on guesthouse stays and training camps is itself too simple.
These readers point out from ...
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Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training.
Ever since the D.C.
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Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid...
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The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. J...