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Today House Speaker John Boehner sent President Obama a letter charging that next Sunday, which will mark 90 days after the Libya intervention began, “the Administration will be in violation of the War P...
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The appellant's brief in the case al-Zahrani et al. v. Donald Rumsfeld is now available. This case relates to the reported suicides at Guantanano in 2006, the conspiracy theories about which Ben wrote he...
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Here is a sampling of recent news and analysis that may be of interest to Lawfare readers.
Both the Washington Post and the Wall Street Journal [subscriber access only] are reporting that the CIA, work...
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Signs of activity from special prosecutor John Durham,
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In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking des...
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The Australian newspaper is reporting that three of the Guantanamo Uighurs sent to Palau from Guantanamo have applied for Australian residency permits:
THREE Chinese Uighurs who were for years detaine...
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The memorandum opinion filed on May 23rd in al-Hajj v.
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Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairull...
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The killing of Fazul Abdullah Mohammed by Somalian soldiers this weekend provides yet another occasion to note the difficult scope issues that arise under the 9/18/01 AUMF (or, if you prefer, under the P...
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A number of readers have written in to argue that my attempt to complicate the D.C. Circuit's emerging doctrine on guesthouse stays and training camps is itself too simple.
These readers point out from ...
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Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training.
Ever since the D.C.
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Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid...
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The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. J...
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The Onion has the story:
ISLAMABAD—Pakistan's Inter-Services Intelligence agency restated Thursday its commitment to the fight against terrorism, pledging full cooperation with U.S. forces during the upc...
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Mark Mazzetti has a very important story in the Times noting that, far from backing away from using lethal force against AQAP targets in Yemen during this time of political instability, the US has steppe...
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No, it's not a Mel Brooks-Carl Reiner routine.
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Michael Leiter, the long-time Director of the National Counterterrorism Center, one of the hardest counterterrorism jobs in the government, has resigned. President Obama’s statement is here.
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Most of the legal discussion about Libya intervention has focused in recent weeks on the War Powers Resolution. But the constitutional issue of the President’s power to order the intervention without co...
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Defense Ministers from the 48 nations of the International Security Assistance Force (ISAF) today endorsed the NATO Rule of Law Field Support Mission (NROLFSM). The press release describes the mission a...
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Over at CAAFLOG, Dwight Sullivan has this long post on the continuing saga of Scott Horton's National Magazine Award--about which I wrote here. Sullivan is responding to this article by Dr. Jeffrey Kaye ...