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Abdeladim El-Kabir was arrested in Germany, along with two other men, back in April of this year. German officials at the time alleged that the men were planning to build a bomb to use somewhere in Euro...
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Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service ("CRS"). ...
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Here's my question: Why has there been virtually no press coverage of the Latif decision? Other than this article on CNN's web page, which actually ignores the aspect of the case that makes it jurisprude...
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This just in: President Obama today nominated Professor Scott L. Silliman and William B. Pollard III to the U.S. Court of Military Commission Review.
Both men are highly qualified and will bring differe...
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Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions:
1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-...
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Peter Margulies of Roger Williams Law School writes in with the following critique of the Latif decision and praise of Judge David Tatel's dissent. While I don't agree with every aspect of this analysis,...
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Shaking things up a bit, I’m going to begin Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s military commission proceeding yesterday from the end—the roughly one-hour-long afternoon press confer...
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Lots of news coverage on Abd al-Rahim al-Nashiri's trial. In addition to our coverage--more of which is coming later today--here is the New York Times story, the Washington Po
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The Hoover Institution's online publication, Defining Ideas, has published an essay-length version of my recent paper arguing "Against a Crude Balance" between liberty and security. Enjoy.
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I have now read the entirety of Latif, and I am--quite honestly--not entirely sure what to make of it. For one thing, the redactions are extensive, far more so than in the normal D.C. Circuit habeas case...
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Lawfare was on hand earlier today at Ft. Meade, Maryland, to witness the first live (well, 40 second-delayed) transmission of military commission proceedings in Guantanamo Bay, Cuba to a location here in...
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I have only just begun reading the D.C. Circuit's decision in Latif, but it already clear to me that it is a very big deal. Judge Janice Rogers Brown, for the majority, expressly adopts a presumption in ...
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The D.C. Circuit has just released its redacted opinion in the case of Adnan Farhan Abd Al Latif, which it filed on October 14, 2011. The opinion is available here, and Lawfare has covered the case
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Lots of Guantanamo Bay news today:
As I write this, Abd al-Rahim al-Nashiri is being arraigned on capital murder charges.
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Further to the exchange between myself and Steve Vladeck regarding Section 1031 of the SASC version of the NDAA FY '12, Raha Wala (Human Rights First) writes in with the following thoughtful comments and...
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Two streams of detention-related legal argument came together at the Senate Judiciary Committee today, as AG Holder answered questions from Senator Graham. Their colloquy blended the question of the fat...
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Most of today's news involves trials, so let's start with that.
In the Tarek Mehanna case, the Boston Globe says that jurors were shown graphic videos of suicide bombings, the twin towers burning, and o...
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The documents themselves are not available yet, but the docket in Nashiri reflects that on Friday, the government moved "for Public Access to This Military Commission Via Transmission of Open Court Proce...
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The Naval War College, as many readers will be aware, has a long tradition of publishing terrific law of war papers in its annual "Blue Book" volume, based on presentations at its annual summer symposium...
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In an interview with Reuters, General James Cartwright, who retired a few months ago as the vice chairman of the Joint Chiefs of Staff, maintains that the United States needs to disclose its offensive cy...