The Obama administration asked the US Court of Appeals for the Ninth Circuit in San Francisco to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues. Such lawsuits ask courts to second-guess presidential decisions and pose "the risk of deterring full and frank advice regarding the military's detention and treatment of those determined to be enemies during an armed conflict," Justice Department lawyers said in arguments last week.

The US Department of Justice announced Dec. 9 that Kuwaiti Guantánamo Bay detainee Fouad al-Rabiah has been transferred to the control of the Kuwaiti government. Al-Rabiah, a Kuwaiti national, had been held at Guantánamo Bay for nearly eight years under suspicion of aiding al Qaeda and the Taliban. The transfer came after a judge in the US District Court for the District of Columbia in September granted al-Rabiah's habeas corpus petition and ordered his release. According to the DoJ, the "transfer was carried out under an arrangement between the United States and the government of Kuwait. The United States will continue to consult with the government of Kuwait regarding this individual."

A judge in the US District Court for the District of Columbia Dec. 10 found the US Department of Defense in contempt for failing to videotape the testimony of Yemeni Guantánamo Bay detainee Mohammed al-Adahi. Al-Adahi had petitioned for habeas relief in 2005, which the court granted in August, and Judge Gladys Kessler had directed the DoD to videotape the testimony at the merits hearing in June so that the public and news media could see it. The government failed to comply with that order, claiming it was "due to oversight and miscommunication."

The US Department of Justice announced Nov. 30 and Dec. 1 the transfer of four detainees from Guantánamo Bay to three European countries, as the detainee population at the detention facility continues to be reduced. Two of the former detainees, Tunisian natives Adel Ben Mabrouk and Mohamed Riadh Ben Nasri, were transferred to Italy and will stand trial there. The other detainees include an unidentified Palestinian man transferred to Hungary, the first to be accepted under the agreement forged between the US and Hungary in September, and an Algerian, Saber Lahmar, who was transferred to France. It is unclear when the Italian trial will begin, though Italian authorities may be waiting for transfer of a third Tunisian man. (Jurist, Dec. 1)

The US Supreme Court Nov. 30 vacated a decision by the US Court of Appeals for the Second Circuit that required the Pentagon to release photos of abused detainees in Iraq and Afghanistan. The Court remanded Department of Defense v. ACLU for further consideration under Section 565 of the Department of Homeland Security Appropriations Act, 2010. The Act gives the Secretary of Defense the ability to prevent certain protected documents from being made public.

The UK's High Court ruled Nov. 19 that documents on the detention of Binyam Mohamed in Pakistan in 2002 must be released. This most recent decision is the latest in a series of back-and-forth rulings on whether redacted materials regarding Mohamed's detention should be disclosed. An October interim ruling by Lord Justice Thomas and Justice Lloyd Jones resulted in a redacted release, which the High Court indicated it would revisit after receiving submissions from both the Foreign & Commonwealth Office (FCO) and Mohamed.

A three-judge panel of the US Court of Appeals for the Second Circuit in New York City affirmed the conviction of civil rights lawyer Lynne Stewart Nov. 17, and ordered her to begin her prison sentence. Stewart, along with Mohammed Yousry and Ahmed Abdel Sattar, were convicted of various crimes based on association with convicted terrorist Omar Abdel-Rahman. As part of his conviction, Rahman is subject to Special Administrative Measures (SAMs), which limit his ability to communicate with individuals outside the prison. The court found that despite being a lawyer, Stewart was bound by the SAMs but knowingly and willfully lied about her intentions to comply. The court also found that Stewart provided and concealed material support to a conspiracy to murder persons in a foreign country.

Illinois Gov. Pat Quinn (D) and US Senator Dick Durbin (D-IL) expressed support Nov. 15 for the Obama administration's proposal to move Guantánamo Bay detainees to a facility in northwestern Illinois. The Obama administration is reportedly evaluating the Thomson Correctional Facility, a maximum security prison located about 150 miles west of Chicago, as a possible location to house accused terrorists. Quinn and Durbin requested that the administration conduct a preliminary economic impact analysis on the purchase of the facility for use by the federal Bureau of Prisons. They pointed to the addition of an estimated 3,000 new jobs to the community and an estimated $790 million to $1.09 billion impact over four years as reasons to support the proposal. Durbin said the sale is a "once-in-a-lifetime opportunity" to inject a much-needed economic boost to a struggling region.