correction al bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

Actually, I’m not sure there any dissenting opinions in this. My apologies for the confusion.

From: Robert Chesney
Sent: Tuesday, August 31, 2010 10:01 AM
To: nationalsecuritylaw@utlists.utexas.edu
Subject: al bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

* al-Bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

Al –Bihani was the first DC Circuit panel opinion in the post-Boumediene GTMO habeas litigation, which among other things concluded that international law has no bearing on the question of the government’s detention authority under the AUMF, that the power to detain extends to both members and supporters of AUMF-covered groups, that hearsay is admissible in these proceedings, and quite a bit more. The Circuit has now decided not to rehear the case en banc, with 113 pages of concurring and dissenting opinions.

I’m off to teach right now but will post a summary when I return later today. In the meantime, the set of opinions is attached.

al-bihani-rhg-en-banc-denial.pdf

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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