Actually, I’m not sure there any dissenting opinions in this. My apologies for the confusion.
From: Robert Chesney
Sent: Tuesday, August 31, 2010 10:01 AM
Subject: 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.