al bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

* al-Bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

Al –Bihani was the first DC Circuit panel opinion in the post-Boumediene GTMO habeas litigation, which among other things concluded that international law has no bearing on the question of the government’s detention authority under the AUMF, that the power to detain extends to both members and supporters of AUMF-covered groups, that hearsay is admissible in these proceedings, and quite a bit more. The Circuit has now decided not to rehear the case en banc, with 113 pages of concurring and dissenting opinions.

I’m off to teach right now but will post a summary when I return later today. In the meantime, the set of opinions is attached.

al-bihani-rhg-en-banc-denial.pdf

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: