* 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.