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: