The U.S. Court of Appeals for the District of Columbia Circuit denied Guantanamo Bay detainee Abdul Razak Ali's petition for an initial hearing en banc in Ali v. Trump et al. Ali, held at Guantanamo since June 2002, is an alleged al-Qaeda member born in Algeria and captured in Afghanistan. The order, along with a concurrence by Judge David Tatel and joined by Judge Cornelia Pillard, is posted in full below.
Latest in Guantanamo: Litigation: D.C. Circuit
On Jan. 15, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in Qassim v. Trump. This panel follows after the court’s denial on Khalid Ahmed Qassim’s initial request of hearing his appeal en banc.
On Tuesday, 9/11 plotter Khalid Sheikh Mohammed petitioned the D.C. Circuit for a writ of mandamus, asking that his trial by military commission be halted until the Court of Military Commissions Review appoints a panel to address contested issues in his case. The full document is below.
On Oct. 1, the following joint unclassified appendix and appellant brief were filed in the U.S. Court of Appeals for the D.C. Circuit in Qassim v. Trump.
Joint Appendix (Unclassified)
The U.S. Court of Appeals for the District of Colombia circuit denied the habeas petition of Guantanamo detainee Moath Hamza Ahmed al-Alawi, upholding the ruling of the U.S. District Court for the District of Columbia that al-Alawi is an enemy combatant who can be lawfully detained under the authority of the 2001 AUMF.
On Tuesday, March 20, a three-judge panel of the D.C. Circuit will hear oral argument in Al-Alwi v. Trump, the case of Guantanamo detainee Moath Hamza Ahmed al-Alwi. Chief Judge Merrick Garland and Judges Karen Henderson and Thomas Griffith will review D.C. District Court Judge Richard Leon’s February 2017 dismissal of al-Alwi’s second habeas petition.
On Friday, military judge Col. Vance Spath filed a memorandum of opposition to plaintiff Brig. Gen. John G. Baker’s petition for writ of habeas corpus. You can view the full document here:
The Justice Department filed a brief on Wednesday opposing the cert petition in Bahlul v. United States. Counsel for Ali Hamza Suliman al Bahlul filed the cert petition in March to seek review of an October 2016 D.C. Circuit decision. That ruling overturned a previous D.C.
Yesterday, in a short per curiam opinion, the U.S. Court of Appeals for the D.C. Circuit affirmed the ruling of the U.S.
On Friday, a three-judge panel in the D.C. Court of Appeals rejected a request to release recordings of military personnel in Guantanamo Bay force-feeding a detainee who was on a hunger strike. The detainee in question is Abu Wa’el (Jihad) Dhiab, whose habeas corpus proceedings have previously been covered by Lawfare. Dhiab has since been released to Uruguay, but media organizations continue to press for the public release of the military’s force-feeding recordings.