The government has filed its
opposition to cert in the case of
Al Madhwani v. Obama–a Guantanamo habeas case. Al Madhwani’s
cert petition seeks review of this
DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan’s earlier
opinion. The government’s argument is interesting because it [is the first to] explicitly invokes the new language in the NDAA: