D.C. Circuit 1, Guantanamo Bar 0?
As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo “merits” habeas cases (i.e., cases where the central issue goes to...
View ArticleA Reply for Ben…
Ben asks: “What are the specific ‘requirements’ the Supreme Court laid out in Boumediene or Hamdi that the D.C. Circuit has refused to honor such that habeas review is not ‘meaningful’ within the...
View ArticleIs DC Circuit Habeas Caselaw Inconsistent with Hamdi and Boumediene?
Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit’s caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at...
View ArticleMy Last Word (for Now) on the D.C. Circuit and Boumediene
At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby’s thoughtful intervention in the back-and-forth between Ben and me on...
View ArticleFinal Thoughts on DC Circuit Fidelity to Hamdi/Boumediene
A few final thoughts on the topic of DC Circuit fidelity to Hamdi and Boumediene, for the three people still paying attention to us (hi Mom!). Steve’s reply to my intervention helps me better...
View ArticleInitial Thoughts on Hedges
I have now read through Judge Forrest’s opinion in Hedges—all 112 pages of it. I have done so only briskly, and I have surely missed things in my haste. But here are some initial thoughts. The opinion...
View ArticleCorrespondence on Hedges
An attorney who was deeply involved in the Al Bihani litigation sent me the following note about my post on the Hedges decision: I’ve no doubt you’ll be inundated with correspondence regarding Judge...
View ArticleRaha Wala on Hedges—And My Response
Raha Wala of Human Rights First writes in with the following response to my comments on Hedges. My thoughts follow his critique and very-cautious defense of Judge Forrest: Ben’s post on Judge Forrest’s...
View ArticleObama v. Bush on Counterterrorism Policy
I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term. But there’s one aspect of how Jack frames the discussion...
View ArticlePolitical Branch Determinations and Conflict Pre-9/11: Motion to Dismiss...
This is interesting. Judge James Pohl yesterday denied—without prejudice—a key motion to dismiss (AE 104) brought by lawyers for Abd al Rahim Hussayn Muhammad al-Nashiri. In summary, the defense had...
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