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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 ... -
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 ... -
On the Legal Consequences of Moving Away from the Armed-Conflict Model of Counterterrorism
When it comes to detention and drone strikes, both critics and supporters of the status quo assume that abandoning the armed-conflict model would have not just diplomatic and legal effects but also a sig... -
Nizar Trabelsi Extradited, Indictment Unsealed
From this FBI press release, we learn that Nizar Trabelsi, a Tunisian former professional soccer player-turned Al Qaeda member, has been extradited to the United States after spending the last twelve yea... -
Al Bahlul, Conspiracy, and the Misuse of History
The oral arguments in Monday’s D.C. Circuit en banc review of Ali Hamza al Bahlul’s military commission conspiracy conviction essentially came down to competing views of history. The government concedes ... -
USG Drops Opposition to Granting the Writ in GTMO Habeas Case
That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama. It begins: Respondents respectfully submit this response to Petitioner’s Motion... -
Military Commission Denies Defense's IT-related Motion to Abate Proceedings in 9/11 Case
That apparently is the gist of AE155, an order handed down today down at Guantanamo---but still not yet available on the military commissions' website. (We've covered this litigation in detail, most rec... -
On Monday's Argument in Al-Bahlul
Just as performers sometimes single out one member of the audience to reach, advocates in an en banc rehearing at a federal appeals court don’t always expect to win over a majority. The government showe... -
Oral Argument Recap: Ali v. Obama
Friday's oral arguments in Ali v. Obama, a Guantanamo habeas appeal currently before the D.C. Circuit, focused primarily on the reliability of certain evidence used to connect the detainee in question to...
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