Guantanamo and US District Courts/Appeals Courts

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 [...]

Congratulations to the Swiss Canton of Jura, which recently accepted the asylum claims of two Uighur prisoners at Guantánamo, and to the Swiss federal government for agreeing to accept Jura’s decision on Wednesday.
The two men in question — Arkin Mahmud, 45, and his brother Bahtiyar Mahnut, 32 — were seized with 20 other Uighurs in [...]

Last Tuesday, a little known court — the Court of Military Commissions Review — convened to hear appeals in the cases of the only two men sentenced in the Military Commission trial system established by Congress in 2006, after the first version, conceived by Vice President Dick Cheney and his close advisors in November 2001, [...]

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 [...]