Hamdi v. Rumsfeld
9 Articles
What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
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…
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…
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…
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.…
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…
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.…
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…
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…
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