The response was filed on Friday, in the habeas case of Al-Warafi v. Obama. Have a look:
Latest in Detention: Law of: D.C. Circuit Development
On December 30, the outgoing Chairman of the Senate Select Committee on Intelligence, Senator Dianne Feinstein, sent a letter to the White House.
The document---which was released earlier today---overviews a number of proposed reforms to U.S. interrogation, detention and other practices, the idea being to give effect to recommendations made in the SSCI's torture report.
The Senator's letter says, in full:
December 30, 2014
DC Circuit Temporarily Stays United States' Appeal in Al-Nashiri, Pending Consideration of Mandamus Petition
The order grants a motion filed by Al-Nashiri, and was handed down today by Circuit Judges Cornelia Pillard and Judith Rogers, over the dissent of Circuit Judge Brett Kavanaugh. It's gist is temporarily to pause the government's appeal, to the Court of Military Commission Review ("CMCR"), of the dismissal of some (though not all) of the capital military commission charges against the Guantanamo detainee.
The D.C. Circuit has just issued a per curiam order denying the detainees' petition for an en banc rehearing in Hatim v. Obama.
Today the government filed a short response to the detainees' petition for an en banc rehearing in Hatim v. Obama, the Guantanamo counsel-access case.
Today marks our last little dispatch about the preliminary injunction hearing in the case of Abu Wa’El (Jihad) Dhiab, Syrian national, cleared-for-release Guantanamo detainee, and---most relevantly for present purposes---intermittent hunger-striker.
Petitioner Ali al-Bahlul filed his reply brief yesterday in Bahlul v. United States, the D.C. Circuit case that will decide whether a military commission may render a stand-alone conspiracy conviction.
The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa'el Dhiab's forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.
Now this is interesting.
Last week, detainees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif together sought en banc rehearing in Hatim v. Obama, the so-called "counsel access" case.
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: