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Mohamed v. Jeppesen Dataplan (en banc granted); ODNI GC on congressional notification; United States v. Headley and Rana; Beard on Law and War in the Virtual Era

1. Mohamed v. Jeppesen Dataplan (9th Cir. Oct. 27, 2009) The Ninth Circuit has granted en banc review in this important case involving the state secrets privilege (thus delaying or potentially averting Supreme Court engagement with the issue).  The short order granting review is here.

Habeas Petitions by Released Detainees; Conference Report on the Defense Authorization Act; forthcoming scholarship

1. In re: Petitioners Seeking Habeas Corpus Relief in Relation to Prior Detentions at Guantanamo Bay (D.D.C. Oct. 9, 2009) I had not been following this until now, but there is an effort underway to preserve habeas jurisdiction with respect to a large number of GTMO detainees who already have been transferred/released.  I believe some… Continue reading Habeas Petitions by Released Detainees; Conference Report on the Defense Authorization Act; forthcoming scholarship

Idris v. Obama; forthcoming scholarship

1. Idris v. Obama (D.D.C. Oct. 6, 2009) Judge Lamberth has granted the government’s motion to dismiss a habeas petition brought on behalf of GTMO detainee Idris, on the ground that counsel lacks authorization to represent Idris.  The opinion, posted here, emphasizes that Idris on five occasions refused to meet with counsel.