United States v. Al-Nashiri; Al-Marri v. Spagone

January 30, 2009

1. United States v. Al-Nashiri (Mil. Com.) (Hat tip to Neal Sonnett for this document)

In yet another example of the way in which ongoing litigation is pressing the Obama administration to develop its detention policies more quickly than it would like, a military commission judge has rejected a request for a stay of the scheduled February 9th arraignment of a GTMO detainee facing charges in connection with the bombing of the USS Cole.  The opinion is attached.

2. Al-Marri v. Spagone (S.Ct.)

Amicus briefs have now been filed in Al-Marri.  The briefs supporting the petitioner are collected here.  I’m not sure if there are other amicus briefs, but will circulate links if so.

Al Marri v. Spagone

January 21, 2009

* Al Marri v. Spagone (S. Ct. No. 08-368) (Petitioner’s Brief)

SCOTUSBLOG’s Lyle Denniston, has an overview has the details as well as a link that will get you to al-Marri’s brief.  One of the interesting questions here is whether the Obama administration will move to moot this case, either by repatriating Al Marri to Qatar or by shifting him into the civilian criminal justice system (ala Jose Padilla).  At the moment, they have till late February to decide, at which point the respondent’s brief will be due. Read the rest of this entry »