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CTA9 Decides Al-Nashiri v. MacDonald
I've only skimmed this unsurprising ruling from the panel, which affirms the district court's dismissal of the detainee's suit against the military commissions' Convening Authority. From its opening: ... -
Unwinding Detention in Afghanistan: Are Military Commissions in the United States the Solution?
The Washington Post had an important story yesterday involving the future of the 53 military detainees who remain in U.S. -
Detainees Move for Complete Copy of Revised Force-Feeding Protocols
The appellants in Aamer v. Obama have spent the last month battling the government for a complete copy of recently revised Guantanamo force-feeding protocols, according to a motion filed by the detainees... -
9/11 Case Motions Hearing: 12/18 Session
It's a chilly little day out at Fort Meade's Smallwood Hall---the closed-circuit television facility where, as per usual, Lawfare will be almost-live blogging pre-trial proceedings in the 9/11 case. Sam... -
Government Says No Additional Briefing Needed to Address Revised Force-Feeding Protocols
More back-and-forth in the force-feeding case Aamer v. Obama, on appeal before the D.C. Circuit. Last Wednesday, the government filed a response to the detainees' Dec. -
A Duel of Letters in the Counsel Access Case
The nearly-singular focus of last week's oral argument in Hatim v. Obama, the counsel access case, was the intrusiveness of JTF-GTMO's genital-area searches. That focus hasn't at all shifted, judging by ... -
Solicitor General Recommends Supreme Court Remand Samantar Case to Fourth Circuit
On Wednesday, the Solicitor General filed an amicus brief urging the Supreme Court to grant, vacate, and remand (“GVR”) the Samantar case to the Fourth Circuit after that Circuit’s surprising decision la... -
Foreign Official Immunity & Executive Branch Law-Making
Earlier this week the Solicitor General filed its brief in Samantar v. -
Linda Greenhouse on "The Mirror of Guantanamo"
Linda Greenhouse has a thoughtful column over at the New York Times entitled "The Mirror of Guantanamo" about the Abdul Razak Ali case---about which I wrote some thoughts last week. Ten years ago, Greenh... -
Just How Intrusive Are Those GTMO Searches, Anyway?
Quite intrusive, it seems---at least according to this letter filing, which was submitted yesterday in Hatim v. Obama, the "Counsel Access Case." Oral argument also was held yesterday, as y'all likely kn... -
Oral Argument Recap: The Counsel Access Case
The snow-drizzle may have slowed down the first two branches of government and every nonprofit in town on Monday morning, but the judiciary didn't budge much: oral argument this morning in the appeal of ... -
Oral Argument Preview: Hatim v. Obama, or the "Counsel Access Case"
On Monday morning, a significant Guantanamo case, Hatim v. Obama et al., will be argued before D.C. Circuit Judges Merrick Garland, Karen L. Henderson, and Thomas B. Griffith.
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