Guantanamo
366 Articles
Judge Lamberth decides Warafi
As Jen noted, Judge Lamberth today denied Mukhtar Yahia Naji al Warafi’s renewed habeas petition challenging his continued military detention at Guantánamo. As I have previously explained,…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
Skeptical of Guantánamo Diary? Question the US Government Instead
It is sort of a cardinal rule for writers not to respond to negative reviews, and I can easily imagine that Mohamedou Ould Slahi would let the new review of his Guantánamo Diary…
US Government Petitions for Rehearing En Banc (Again) in Al Bahlul
The petition is available here. This is not a terribly surprising development. But as I wrote after the panel decision, it’s also not likely to succeed, given the composition…
Are Cross-Border Shootings Heading to the Supreme Court?
Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…
Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment
Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…
Delay and Detention at Obama’s Guantánamo: The Missing PRBs
As Steve Vladeck noted last week, lawyers for Guantánamo detainee Mohamedou Ould Slahi filed a motion in his habeas corpus case demanding that the Obama administration…
Why al Bahlul is Rightly Decided
Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
What al Bahlul Says, and What It Means
It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense
The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…
Closing Guantánamo Will Help Combat Terrorist Propaganda
It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…
The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote
[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…