Habeas Corpus
55 Articles
What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."
State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
How to Fix the U.S. Litigation Position in Key Pending Cases
The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam
Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…
Beyond Color-Blind National Security Law
"[I]nternational and national security legal regimes have always been steeped in racial connotation, even if rarely acknowledging as much. This raises the question of what a different…
UN Working Group: Indefinite Detention of Gitmo Detainee Violates Human Rights Law
The Jan. 24 findings of the UN Working Group on Arbitrary Detention conclude that the continued detention of Ammar al Baluchi at Guantanamo Bay is arbitrary, discriminatory, and…
More Trouble for Undocumented Immigrants and the Suspension Clause
Back in August 2016, I wrote a lengthy post about the Third Circuit’s decision in Castro v. Department of Homeland Security, which held that recently-arrived undocumented…
Al-Alwi and the Unraveling of Detention Authority at the End of Active Hostilities
Last week, President Trump issued a new executive order reversing the 2009 executive order that had ordered the closure of detention facility at Guantanamo Bay, Cuba and re-asserting…
Two Updates in Mass Guantanamo Habeas Case
A U.S. military guard carries shackles before moving a detainee inside the U.S. detention center for ‘enemy combatants’ on September 16, 2010 in Guantanamo Bay, Cuba.…
Today’s Mass Guantanamo Habeas Petition and the Ongoing Human Cost of America’s “Battle Lab”
Today, the Guantanamo prison enters its 17th year. 41 Muslim men still languish there, trapped in an ever-present reminder of their captors’ official experiment with torture.…
Episode 51 of the National Security Podcast: Temporary, Immediate, and Unmonitored Access to this Podcast
Well, 2017 is almost done. No doubt there are a few more kicks-in-the-pants on the way before it’s all said and done, but hey, we can at least offer you one final episode of…