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When we last looked in on Al Maqaleh v. Gates, the case seeking to extend the right to federal habeas review for non-Afghan detainees held in the U.S.-controlled detention facility in Afghanistan, the pe...
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The Senate's new NDAA language changes almost nothing. Yes, there are some technical adjustments, which Bobby has described in detail, and some of these may serve to lessen slightly the irrational burden...
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Two weeks ago, I had a few posts discussing the scope of detention authority authorized under section 1031 of the then-pending SASC version of the NDAA, in response to Steve Vladeck's concern that the la...
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A flurry of coverage on the new Senate NDAA language regarding the handling of terror suspects and detainees.
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The UK for some time has been wrestling with the problem of civil litigation that implicates states secrets. Foreign Minister William Hague addressed the issue eloquently in this speech, which in releva...
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Salim Hamdan has filed his initial brief in the D.C. Circuit, appealing his military commission conviction and the Court of Military Commission Review opinion affirming it. He raises the following issues...
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On Tuesday, the Senate Armed Services Committee passed a new version of the controversial detainee provisions to be included in the National Defense Authorization Act for FY ’12. The text is here, thanks...
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I was going to write an oral argument preview this week for the D.C. Circuit's coming oral argument in the case of Fayiz Mohammed Ahmed Al Kandari, the next Guantanamo habeas petitioner to come before th...
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David Cole has this very thoughtful essay on the Anwar Al Aulaqi killing in the New York Review of Books--a very thoughtful essay with a rather loaded opening. Cole's first sentence asks, "When can the p...
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Lots and lots of news today.
Let's start with several developments on the terrorism trials front:
Barry Walter Bujol Jr., who defended himself against accusations of material support for Al Qaeda, turn...
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Over at the Empty Wheel blog, Marcy Wheeler has a very impressive set of speculations regarding what the mysterious Report at issue in Latif (which I discuss at length here) might be. Here's her bottom l...
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At last, you have reached the final post in Lawfare’s coverage of the motions hearing portion of Abd al-Rahim al-Nashiri’s arraignment.
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Lots of press coverage of Saturday night's GOP debate on national security and foreign policy issues. The Los Angeles Times reports on some of the topics that arose, which include Afghanistan, Pakistan, ...
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Following discussion of post-acquittal detention, the al-Nashiri motions hearing continued with the defense’s second motion. This motion involves the defense’s request that Military Judge Pohl allow in ...
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I’m going to wrap-up Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s arraignment with some discussion of the post-arraignment motions hearing.
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As Dave Barry would say, I swear I'm not making this up.
The other day, I found myself visiting the CIA. As one does at such times, I stopped at the agency's gift shop, you know, to buy a Predator drone...
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The D.C. Circuit strongly disfavors en banc review. For longstanding cultural reasons, the court avoids en bancs whenever possible. This is generally a good thing. En bancs can be ugly; they stress a cou...
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The more I study the D.C. Circuit decision in Latif, the more important I think it is, and the more regrettable I think it probably is. I'm going to spread this out over two posts. In this one, which is ...
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Wednesday’s arraignment hearing of Abd al-Rahim al-Nashiri began about twenty minutes after 9 a.m., roughly two hours after most reporters arrived at the Ft. Meade, Maryland remote viewing location. Bef...
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Our many terrorism trials are about to take a break for the weekend, so here's your fix:
The Los Angeles Times has the horrifying story of Staff Sgt.