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Al Warafi Transcript
Speaking of Al Warafi, I promised after the oral argument a few weeks back that I would reality-check my summary of the argument on a key point against the transcript of the argument when one became avai... -
Thoughts on Al Warafi
Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I in... -
House GOP to Supreme Court: Bring Gitmo Detainees Here
Yesterday, I drew attention to the mindless House amendment designed to zero out funding for State Department efforts to resettle Guantanamo detainees. I have a proposed name for this amendment: The Let... -
No Appeal in Al-Aulaqi
The deadline for a notice of appeal of Judge Bates' ruling in Al Aulaqi came and went a few weeks back with no filing from the ACLU and the Center for Constitutional Rights. -
D.C. Circuit's Al Warafi Decision
In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama. -
Should Detention Based on Non-Member Material Support Be Reconceived in Terms of Security Internment?
As Ben notes below, Steve Vladeck objects to the Circuit's recent ruling in Hatim insofar as that decision suggests that the Circuit has held that detention may be predicated on provision of material sup... -
Another GTMO habeas denial...
* Alsabri v. Obama (D.D.C. Feb. -
Is the D.C. Circuit Really Clarifying the Law of Detention?
The D.C. Circuit's 113-pages of non-opinion this week, in which it declined to rehear en banc an earlier panel decision in the Al Bihani case, warrants reflection at a number of levels.