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Article • December 23, 2013 • from P&J December, 2013
Ali v. Obama, No. 11-5102 (D.C. Cir.) ( F.3d ) (December 3, 2013) (Judge Brett M. Kavanaugh) by The steady pace of virtually automatic summary denials of habeas relief to any of the many detainees still held at the Guantanamo Bay Naval Base in Cuba is beginning to rattle even …
Article • July 29, 2013 • from P&J July, 2013
Hedges v. Obama, No. 12-3176 (Lead) (2nd Cir.) (724 F.3d 170) (July 17, 2013) (Judge Lewis A. Kaplan) by Last year, District Judge Katherine Forrest of the S.D.N.Y. shook up the normally placid and virtually unchallenged world of military detentions by granting a permanent injunction against the implementation and enforcement …
Article • September 17, 2012 • from P&J September, 2012
Hedges v. Obama, No. 12 Civ. 331(KBF) (S.D.N.Y.) (890 F.Supp.2d 424) (September 12, 2012) (Judge Katherine B. Forrest) by In Hedges v. Obama, 2012 WL 2044565 (S.D.N.Y. May 16, 2012) (“Hedges I”)(P&J, 05/28/12), District Judge Katherine Forrester granted a temporary injunction against implementation and enforcement of a controversial provision of …
Article • September 17, 2012 • from P&J September, 2012
In Re: Guantanamo Bay Detainee Access to Counsel, No. Misc. No. 12-398 (RCL) (D.D.C.) (892 F.Supp.2d 8) (September 6, 2012) (Judge Royce C. Lamberth) by In a blistering decision, District Judge Lamberth struck down the Pentagon’s proposed new rules giving the military virtual total veto power over meetings between Guantanamo …
Article • May 28, 2012 • from P&J May, 2012
Hedges v. Obama, No. 12 Civ. 331(KBF) (S.D.N.Y.) (2012 WL 2044565) (May 16, 2012) (Judge Katherine B. Forrest) by In this decision, Judge Forrest (who was appointed to bench in October, 2011) blocked enforcement of part of a law allowing the indefinite detention and trial by military commission of any …
Article • November 28, 2011 • from P&J November, 2011
Schneyder v. Smith, No. 10-2367 (3rd Cir.) (653 F.3d 313) (July 29, 2011) (Judge D. Brooks Smith) by This is an interesting decision in which a Philadelphia Assistant District Attorney, Gina Smith, was denied the defenses of both qualified and absolute immunity in a civil rights lawsuit under 42 U.S.C. …
Hamlily v. U.S., No. 05-0763 (JDB) (D.D.C.) (616 F.Supp.2d 63) (May 19, 2009) (Judge John D. Bates) by In the 07-13-09 issue of P&J, we noted a strong ruling by Judge Huvelle in which she granted a writ of habeas corpus to a Guantanamo Bay detainee after finding that the …
Basardh v. Obama, No. Civ. No. 05-889 (ESH) (D.D.C.) (612 F.Supp.2d 30) (April 15, 2009) (Judge Ellen Segal Huvelle) by In our last issue, we noted Judge Ellen Huvelle’s order in a different Guantanamo Bay detainee case which barred the Government from using any confessions and statements given by Saki …
Article • April 1, 2009 • from P&J April, 2009
Gherebi v. Obama, No. 04-1164 (RBW) (D.D.C.) (609 F.Supp.2d 43) (April 22, 2009) (Judge Reggie B. Walton) by In this lengthy and long-awaited decision regarding the Government's authority to detain individuals suspected of supporting terrorist organizations, District Judge Walton essentially adopted “the government’s standard for detention . . . subject …
Article • December 1, 2005 • from P&J December, 2005
Hicks v. Bush, No. CIV.A. 02-299(CKK) (D.D.C.) (397 F.Supp.2d 36) (November 14, 2005) (Judge Coleen Kollar-Kotelly) by