Guantanamo
366 Articles
Two Quick Reflections on Why al Maqaleh III Matters
Over at Lawfare, Raffaela Wakeman already flagged today’s (unsurprising) D.C. Circuit decision in al Maqaleh v. Hagel, once again dismissing for lack of jurisdiction appeals…
Senate Passes the NDAA
Late this evening, the Senate passed by a vote of 84-15 the compromise NDAA legislation that the House approved last week; it should be sent to the President for his signature…
9/11 Case Stalls as Prosecution Moves to Have Detainee’s Competency to Stand Trial Examined [UPDATED]
In quite an unexpected turn of events in the 9/11 case pre-trial motions hearing, this morning’s session came to a screeching stop almost as soon as it started. As I mentioned…
Updates from Today’s 9/11 Case Hearings Before the Military Commission
Today was the second public session of this week’s pre-trial motion hearings in the 9/11 case before the military commission in Guantanamo Bay. As I am sure many readers…
Judge Pohl’s 9/11 Trial Order on the Convention Against Torture and the Accused’s “Observations and Experiences”
On Monday, Thomas reported that Judge Pohl, in the 9/11 military commissions case (United States v. Mohammed et al.), had reportedly “issued several orders lifting the classifying…
Military Commission “Lifts” Provision Classifying “Observations and Experiences”
The pre-trial motions hearing in the 9/11 case (United States v. Mohammed et al.) is back in session this week. Today’s session was in camera and closed (with public…
Forced Transfer of Detainees with Diplomatic Assurances Against Ill-Treatment
Two recent developments have brought to the fore the issue of involuntary transfer of detainees to countries where they fear severe mistreatment such as torture or death. The first…
NDAA Passes House, Senate Expected to Vote Next Week
As Ruchi included in the news roundup this morning, the National Defense Authorization Act (NDAA) passed the House last night by a vote of 350-69. In case you missed it earlier…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Progress on the 2014 NDAA — A Guantanamo Victory
Congress has now released its compromise version of the 2014 National Defense Authorization Act reconciling the House and Senate bills into a revised version that is slated to…
Associated Forces, Material Support, and the Hidden Flaws in Ali v. Obama
As Steve previously noted over at Lawfare, on Tuesday, the D.C. Circuit affirmed the denial of yet another Guantánamo habeas petition in Ali v. Obama. Specifically, the court…
Pentagon Ends Daily Hunger Strike Reports: Whither Transparency?
In warfare, many military actions must remain secret. Calls for “greater transparency” are often too simplistic and fail to properly accommodate pressing national security…