The DC Circuit just overturned a District Court opinion that granted three Bagram detainees who were captured outside of Afghanistan (though the government contests this claim for one of the detainees) the right to a habeas proceeding. It based its argument on three factors the Supreme Court listed in deciding in Boumediene that detainees at [...]

Fresh off of the ICRC’s confirmation that DOD has a black site in Bagram, Marc Ambinder has a long piece on it, describing it as run by part of the DIA, the Defense Counterintelligence and Human Intelligence Center, and downplaying, somewhat, what its use of Appendix M might mean. For example, he describes the Appendix [...]

On Friday, I pointed out that Eric Holder and Dennis Blair used language in a letter on Gitmo’s detainees that suggests some subset of the detainees at Gitmo is not covered by Obama’s Executive Order requiring some resolution to their status. In recent days, a couple of you have linked to articles about two other [...]