Apparently, in complying with Judge Lamberth’s order to provide the SSCI report to the court for safekeeping in Nashiri, the Department of Justice may have given up its only copy of the document.
Latest in Guantanamo Litigation: District Court
In the weeks before the inauguration, counsel in Guantanamo habeas cases filed what appear to be the first motion referring, implicitly, to Trump’s tweets—at least the first that we’re aware of in the national security context.
The original motion by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interrogation report to held under seal with the D.C. District Court, as well as the government's response and a reply to the government by Nashiri's counsel.
The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:
A high-value detainee files a motion to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court.
Don't look now but we're about to see at least one new Guantanamo habeas merits hearing—tomorrow, in fact.
Don't look now, but something's happening in the Guantanamo litigation.
You might remember Mohamedou Ould Salahi—Guantanamo detainee, author and memoirist, subject of a brutal interrogation, important source on Al Qaeda, and all around fascinating human puzzle.
On June 5, 2015, in connection with recent motions practice, attorneys for habeas petitioner Mukhtar Yahia Naji al Warafi filed a supplemental memorandum with the U.S. District Court for the District of Columbia. In this document, the Guantanamo detainee's lawyers call attention to President Obama's recent statements about the end of the U.S. war in Afghanistan---the idea being to shore up a pending motion to have the court order al Warafi's release.
The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo. On Wednesday, Al-Warafi filed his reply brief on that issue. It opens as follows: