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As Ben mentioned yesterday, the D.C. Circuit’s new Uthman decision signaled a notable clarification in how lower courts should consider evidence in habeas cases: When considering whether a detainee is "p...
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On Monday, counsel for the habeas petitioners Farhi Saeed Bin Mohammed and Omar Khadr replied to the government's oppositions to their cert. petitions.
The Khadr reply is short, and the Mohammed reply e...
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Peter Margulies of Roger Williams University School of Law offers the following brief comment on yesterday's D.C.
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The recent decisions from the D.C. Circuit (the Mohammed dismissal and Uthman reversal), as well as some activity in the district court, meant an update to the habeas numbers was in order:
- Uighur...
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The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teac...
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Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas p...
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Today the D.C. Circuit granted the government's motion to dismiss as moot Farhi Saeed Bin Mohammed's Guantanamo habeas merits appeal.
The government had appealed Judge Gladys Kessler's grant of Mohammed...
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Yesterday the public version of the government's response brief in Khan v. Obama (No. 10-5306), a Guantanamo habeas case currently pending before the D.C. Circuit, became available. In this case, petitio...
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The Washington Post has an interesting editorial today largely in support of Senator Lindsey Graham's new habeas bill. Like me, the Post expresses sympathy for Graham's basic project, and objects to the ...
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As Scott Shane reported in today's New York Times, the panel of independent psychiatric experts who reviewed the behavioral health history of Dr. Bruce E. Ivins--the person believed to be responsible for...
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I have now had the chance to go over a transcript of Thursday's House Armed Services Committee hearing on detention policy, at which Pentagon General Counsel Jeh Johnson and Deputy Defense Secretary Will...
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Adam Serwer has a very thoughtful piece on yesterday's House Armed Services Committee hearing, which I could not attend. Like me, Adam has come to the conclusion that there is quite a bit of common groun...