Habeas Corpus

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Just Security

Medical Repatriation of Aging Guantanamo Detainees: The case of Al-Adahi

Mohammed Al-Adahi, a Yemeni national who has been detained at Guantanamo for more than 12 years and was approved for conditional release in 2010, has been described by his lawyers…
Just Security

Fifth Circuit on Extraterritorial Application of Fourth and Fifth Amendments

On the heels of this morning’s Fourth Circuit decision in the Abu Ghraib case comes another significant circuit-level decision–this one from the Fifth Circuit. The…
Just Security

The Supreme Court Goes to War:
Hamdi, Padilla, and Rasul at 10

Ten years ago tomorrow, the U.S. Supreme Court handed down its first three decisions in post-September 11 terrorism cases: Hamdi v. Rumsfeld, Rumsfeld v. Padilla, and Rasul v.…
Just Security

The Constitutional Question the Drone Memo Didn’t—and Couldn’t—Answer

Yesterday’s release of the Office of Legal Counsel’s “drone memo” (which, at some point, we should stop referring to in the singular) has provoked an understandable…
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The D.C. District Court’s Power to Hear the New Nashiri Suit

As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…
Just Security

The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release

In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
Just Security

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…
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