a GTMO habeas petition denied on the merits, and another dismissed without prejudice

1. Makhtar Yahia Naji Al Warafi v. Obama (D.D.C. Mar. 24, 2010)

Judge Lamberth yesterday denied habeas relief, on the merits, to GTMO detainee Makhtar Al Warafi. There is a short order to that effect here, and that order indicates that there is a classified opinion explaining the outcome. No word on whether a redacted, unclassified opinion will be forthcoming.

2. Zahar Omar Khamis Bin Hamdoun v. Obama (D.D.C. Mar. 24, 2010)

Judge Kessler has dismissed without prejudice the habeas petition filed on behalf of GTMO detainee Zahar Bin Hamdoun. The short order to that effect is here. Based on some of the underlying filings in the public record, this appears to be another example of the scenario in which the petitioner does not wish to pursue habeas relief. It appears in this instance that Hamdoun’s attorneys asked the court to delay action in order to give them time to meet with their client and brief him regarding certain evidentiary developments relating to his case, presumably in order to persuade him to authorize continued pursuit of the matter. In any event, the petition has now been dismissed, albeit without prejudice to refilling should Hamdoun change his mind.

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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