Materials in the Detainee Cases
Today’s order granting rehearing in the consolidated cases is here.
On February 20, the D.C. Circuit Court issued a 2-1 ruling against the detainees, available here.
The original petition for certiorari in Boumediene, filed March 5, is here, and Al Odah is here. Both were denied on April 2, with Justice Breyer authoring a dissent from denial here, and Justice Stevens and Kennedy writing here respecting the denial of cert.
Lawyers for the detainees responded on June 21 and 22. The Boumediene reply is here, and the Al Odah reply is here. The Al Odah reply includes a signed declaration by Stephen Abraham, an Army Reserve lieutenant colonel, criticizing the Combatant Status Review Tribunal process set up to determine the “enemy combatant” status of Guantanamo detainees. The filings are discussed in more depth here.
On Tuesday, attorneys for other Guantanamo detainees filed a “notice of recent activity in Guantanamo cases” in U.S. District Court in Washington, D.C., available here, in an attempt to forestall the Justice Department’s motion to dismiss all pending habeas petitions.