Guantanamo and habeas corpus

Last Monday, the Supreme Court declined to review a case brought on behalf of seven men in Guantánamo whose release into the United States was ordered by a US judge 17 months ago. The men in question are Uighurs, Muslims from China’s Xinjiang province, and the ruling ordering them to be rehoused in the US [...]

When it comes to dealing with the thorny question of how to close Guantánamo, the remaining prisoners have been caught between two competing systems since President Obama took office last January, and the result, to put it mildly, has been confusing.
Under President Bush, prisoners were cleared for release by military review boards, established to review [...]

With a stunning lack of sensitivity, Barack Obama’s Guantánamo Task Force chose the anniversary of the President’s failed promise to close the prison to announce its conclusions regarding the eventual fate of the 196 prisoners who are still held, stating, with no trace of irony, that “nearly 50” of the men “should be held indefinitely [...]

On the eighth anniversary of the opening of Guantánamo, the fate of the 198 prisoners still held is, in many ways, no clearer than it was a year ago. President Obama has released 42 men since taking office on January 20, 2009, but has already admitted that he will miss his self-imposed deadline for the [...]

On the eighth anniversary of the opening of the “War on Terror” prison at Guantánamo Bay, Cuba, the implications of a ruling last week in the Court of Appeals (PDF) have added another layer of uncertainty to the prisoners’ future, in a week that was notorious for a barrage of lies and misinformation, and a [...]

The weekend before Christmas, 12 prisoners were released from Guantánamo. In two previous articles, I told the stories of six of these men — two Somalis and four Afghans — and in this final article I look at the stories of the six Yemenis who were also released. These releases were enormously important, because Yemenis [...]

Last Tuesday, in a letter to Illinois governor Pat Quinn, five senior Obama administration officials — Secretary of State Hillary Clinton, Attorney General Eric Holder, Defense Secretary Robert Gates, Director of National Intelligence Dennis Blair, and Secretary of the Department of Homeland Security Janet Napolitano — announced that “the President has directed, with our unanimous [...]

On Monday, as I explained in a previous article, Judge Thomas Hogan refused the habeas corpus petition of Musa’ab al-Madhwani, a Yemeni who had been tortured in the CIA’s “Dark Prison” near Kabul, and who was described by the judge as a “model prisoner” who was not dangerous. Judge Hogan made his ruling partly on [...]

On Monday, District Court Judge Thomas F. Hogan handed the government its ninth victory (against 31 losses to date) in the habeas corpus petitions of the prisoners held at Guantánamo, ruling that the government had established, by a preponderance of the evidence, that Musa’ab al-Madhwani, a 28-year old Yemeni, could continue to be held indefinitely, [...]

On August 21, District Court Judge Gladys Kessler granted the habeas corpus petition of Mohammed al-Adahi, a Yemeni prisoner in Guantánamo who was 39 years old when he was seized on a bus in Pakistan. I described the broad outline of al-Adahi’s story in my book The Guantánamo Files as follows:
Married with two children, al-Adahi [...]