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habeas corpus

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Another Gitmo Detainee Wins in Federal Court; Score Is Detainees 31, United States 8

Farhi Saeed bin Mohammed, an Algerian national who was captured in Pakistan and turned over to the U.S. military after fleeing from Afghanistan, was ordered released from the U.S. detention facility at Guantanamo Bay by a U.S. District Court judge yesterday, according to the human rights group CagePrisoners. Judge Gladys Kessler’s written opinion is still [...]


Government Won’t Appeal Gitmo Detainee’s Habeas Case — but Military Commission Charges Still Pending

Fouad al Rabiah, a Kuwaiti Airways engineer accused of being an aide to Osama bin Laden who recently won his habeas corpus case in federal court, is a step closer to going home. McClatchy newspapers reports that the 50-year-old father of four was moved to the part of the Guantanamo detention center reserved for detainees [...]


Supreme Court Could Confront Constitutionality of Spending Bill

Lyle Denniston at SCOTUSblog points out that the Supreme Court’s decision to hear the case of 17 Chinese Muslim Uighur detainees who a judge ordered released into the United States will likely also force the Justices to consider the constitutionality of two bills President Obama signed yesterday.
The issue in Kiyemba v. Obama is whether the [...]


Federal Judge: Evidence Against Detainee Is ‘Surprisingly Bare’

Last week, a federal judge ruled that the government had failed to justify the detention for the last seven years of a 50-year-old Kuwaiti engineer who worked for Kuwait Airlines and had gone to Afghanistan to do charitable work. He was seized by the Northern Alliance, turned over to U.S. authorities, and shipped to Guantanamo [...]


Obama Administration Appeals Judge’s Order to Relase Gitmo Detainee

Last month, a federal court judge ordered the Defense Department to release a 47-year-old father of two with a heart condition who the court ruled had been imprisoned at Guantanamo Bay for the past seven years without justification.
On Monday, the Obama administration said it plans to appeal the judge’s ruling.
Back in August, I noted that [...]


Obama Defies Federal Courts in Holding Yemeni Detainees

On Monday a federal court judge ordered the Department of Defense to release a 47-year-old father of two with a heart condition who it has imprisoned at Guantanamo Bay for the past seven years without justification.


U.S. General: Most Bagram Detainees Should Be Released

A U.S. Marine reservist and general has created a detailed report recommending that up to 400 of the 600 prisoners at the U.S.-run prison at the Bagram Air Base in Afghanistan have done nothing wrong and should be released, NPR reports.
Lawyers have been making that argument for years now, but the United States has insisted [...]


Portugal to Take Two Guantanamo Prisoners; United States, None

Portugal has agreed to take two Syrians held at the U.S. military prison in Guantanamo Bay, Al Jazeera reported yesterday. The deal was apparently reached last week, but didn’t get a whole lot of attention.

Portugal is the third European Union country to accept Guantanamo prisoners from the United States, following on the heels of Ireland [...]


DOJ Responds to Claim That Witnesses in Jawad Case Were Paid by U.S.

In my last post on the “eyewitness evidence” the government claims it has against Mohammed Jawad, the Afghan who just won his habeas corpus case, I noted that military defense lawyer Eric Montalvo said that in his investigation of the Jawad case, he learned that the government’s witnesses “have all received some sort of U.S. [...]


In Jawad Case, Both Evidence and Crime Remain Unclear

Eric Montalvo, a U.S. Army Marine Corps major and Mohammed Jawad’s military defense lawyer, yesterday sent me a long note about the latest news on his client. Among the most interesting points is his characterization of the evidence the government now says it may use to bring a new criminal prosecution against Jawad.
Jawad, of course, [...]