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I promised Thursday night to write up comments on the new legislation that has emerged in the Senate. Let me start with the proposal by Senator John McCain on detention rules. This bill, introduced by Se...
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In a speech today that criticized NATO coalition partners for their diminishing contributions to the Afghanistan effort, Secretary of Defense Gates said something remarkable about the rule of law in the ...
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Gabor Rona (Human Rights First) joins the conversation sparked by the Administration's announcement relating to Additional Protocol II and Article 75 and Additional Protocol I. His comments appear in fu...
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Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v.
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There has been much confusion in recent days about this statement in the Administration’s Fact Sheet on Guantanamo and Detainee Policy: “The U.S.
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Cully Stimson, formerly the Deputy Assistant Secretary of Defense for Detainee Affairs and now at Heritage, raises an important issue with respect to the implications of Article 75 for the admissibility ...
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(By Benjamin Wittes and Larkin Reynolds)
The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt...
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Several new bills were introduced in the Senate today by a shifting group of mostly-Republican senators.
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Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization. Thei...
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John Dehn (West Point) has responded to Raha Wala (Human Rights First) in the latest round of their ongoing exchange relating to military commissions. Addressing Raha's most recent post, John writes:
I ...
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House Armed Services Chairman Buck McKeon lost no time in introducing legislation in response to the President’s Executive Order yesterday. Here is a quick and dirty analysis.
A word of disclosure is in...
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That is the title of an informal essay of mine, just posted as part of a collection of essays on future challenges in national security by the members of the Hoover Institution Task Force on National Sec...
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The New York Times editorial today contains a notable omission: It does not say that the long-term detention of people at Guantanamo Bay is illegal. For those who have followed my quixotic campaign (here...
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House Armed Services Committee Chairman Buck McKeon announced today that he is introducing legislation "to address the Administration’s Executive Order and America’s terrorist prosecution and detention p...
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What appears to be one of the most significant changes in U.S. detention policy announced by the White House yesterday was not included in the new Executive Order but, rather, was buried at the very en...
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Rep. Peter King, Chairman of the House Committee on Homeland Security, has been taking a beating for his planned hearing on radicalization in the Muslim-American community--and that is probably not unjus...
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Over the last week, the Department of Justice has been busy filing responses to several of the Guantánamo detainees’ cert. petitions: It has submitted four briefs to the Supreme Court in the span of just...
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I expected that today's Executive Order would be criticized in some quarters on the ground that the status quo should not be further institutionalized in this way (a position that is, in my view, the ver...
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This afternoon the D.C. Circuit responded to the government's request for a temporary stay in Almerfedi v. Obama by granting the motion.
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I could pick nits about the President's Executive Order, but I don't feel like it. The truth of the matter is that this is pretty good policy. There are minor things I might have done differently, but th...