* transfer of GTMO detainee Mohammed Odaini to Yemen (180 detainees remain)
As you may recall, the government in May lost a habeas decision in the case of a Yemeni detainee, in circumstances in which it appeared that the government had already planned to transfer the fellow to Yemen but had then held back from doing so in connection with the larger, post-Abdulmuttalab freeze of transfers to Yemen. In the aftermath of that habeas ruling, and after giving Congress the 15 day advance warning which Congress now requires by statute, the government has moved ahead with the transfer. Note that the ban on transfers to Yemen otherwise remains in place. Details below:
By Robert M. Chesney
Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
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