The government's emerging position that it can prevent courts from addressing merits of the military detention of an unnamed U.S. citizen by declining indefinitely to identify him should be rejected—with nuance.
Latest in Detention: Non-Guantanamo Habeas Litigation
Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to "close" Guantánamo is for President Obama "to either release all detainees or try them in our time-tested federal courts," at least largely because moving the detainees into the United States wou
In October 2009, Ali Saleh Al-Marri was sentenced to more than eight years in prison under a plea deal the Al Qaeda sleeper agent had struck with federal prosecutors.
Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 2
Below, you will find the second installment in our ongoing effort to identify, in summary form, key areas of dispute as between the SSCI, the SSCI minority, and the CIA with regard the CIA's detention and interrogation program. As you surely know by now, all three today released long-anticipated reports regarding the CIA's post-9/11 detention and interrogation activities.
Last week, a British court allowed civil tort claims against the British government to proceed. In Rahmatullah v. Ministry of Defence, the High Court (Queen’s Bench Division) held that a former Pakistani detainee—captured by the United Kingdom but then transferred to American custody—was not barred from suing by either the state immunity or the foreign act of state doctrines.
The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings."
The summary reads, in part:
On Christmas Eve, a three-judge panel of the D.C. Circuit handed down its opinion in a habeas appeal brought by three detainees held by the United States at Bagram Air Force Base's Parwan detention facility in Afghanistan. The opinion in the consolidated cases of Al Maqaleh v. Hagel, Amanatullah v. Obama and Hamidullah v. Obama, authored by Circuit Judge Karen LeCraft Henderson, concludes that the federal courts lack jurisdiction to entertain the detainees' habeas petitions.
This Christmas Eve opinion, authored by Circuit Judge Karen LeCraft Henderson for a three-judge panel composed of Judge Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams, affirms the district court's conclusion that it lacks jurisdiction to hear habeas petitions brought by detainees held at Bagram Air Force Base's Parwan Detention Facility.
The Washington Post had an important story yesterday involving the future of the 53 military detainees who remain in U.S. custody in Afghanistan.
The briefing regarding the mootness of the habeas appeal of the now-former Bagram detainee, Hamidullah, is before the D.C. Circuit. Last week the U.S. government informed Hamidullah's attorneys that he had been transferred, along with five other non-Afghans who had been detained by the U.S. at Bagram Air Force Base, to the custody of the Pakistani government. So the D.C.