* Kuman v. Obama (D.D.C. July 23, 2010)
In an 8-page order posted here, Judge Bates has granted a motion to dismiss a GTMO habeas petition based on counsel’s inability obtain authorization from the detainee to proceed with the petition. In this instance, counsel had traveled to GTMO on seven occasions in an effort to get the authorization. The detainee was willing to meet on only two of those occasions. Judge Bates notes the possibility that in this circumstance the outcome might be different if there is evidence of mental incompetence, but there was no such evidence in this instance.
Such cases pose an interesting question for those who are keeping track of the “scorecard” in the GTMO cases. They are not merits decisions, but the number of such instances still seems worth knowing if you want to have a handle on how many cases remain pending overall. I know there have been other petitions dismissed for lack of authorization, but am not sure how often this has happened.
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.
