Judge Kessler has ordered supplemental briefing in this GTMO habeas case, concerning (i) the impact of the Circuit’s decision yesterday in Al Bihani; (ii) the recent (oral) opinion by Judge Hogan denying relief to Al Madhwani (as you may recall from a prior post on that ruling, Judge Hogan holds among other things that Al Madhwani’s concessions during his CSRT and ARB proceedings were reliable (in contrast to his interrogation statements); and (iii) the specific rules governing what the government must prove Al Nadhi knew and intended about his alleged conduct.
This should be quite interesting, especially if the parties get into the weeds regarding the mens rea elements. The briefs are due on the 20th of this month. With luck they’ll be available to the public, and I will circulate them to the list if so.
The two-page order is here:
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2005cv0280-531
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.
View all of Robert M. Chesney's posts.
