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Over the past few months, there has been a great deal of ferment on the question of whether the fundamental posture of the Obama administration in counter-terrorism represents change from or continuity w...
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Ever notice that the debate over detention law and policy rarely makes reference to the American experience in Iraq over the past seven years? Ever wonder what lessons, if any, that experience has to of...
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The cases are piling up fast and furious at the D.C. Circuit now, as the volume of district court cases continues to grow and generate more appeals. Today, the court released the declassified version of ...
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Bobby's post today on the comments of, among others, Mary Ellen O'Connell reminded me of something of which I had been meaning to notify readers: Mary Ellen O'Connell and I will be debating the legality ...
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I disagree with a great deal in this oped and don't mean to pick every nit I could find in it. But it is worth answering some of Marc Thiessen's major points, as they have a way of distilling and reinfor...
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Ben's most recent post on the al-Aulaki suit has precipitated an interesting discussion at Opinio Juris involving, among others, John Dehn, Kevin Heller, and Mary Ellen O'Connell (Mary Ellen's thoughts ...
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Here is a speech by former State Department Legal Advisor John Bellinger, given a few days ago at the International Bar Association’s Rule of Law Symposium in Vancouver, Canada. John compares the Obama ...
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I received some unsurprisingly heated reactions to my op-ed in Saturday’s New York Times, which argued that the government should give up on prosecuting Guantanamo detainees and simply hold them in milit...
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In my initial post on the ACLU/CCR brief in Al Aulaqi, I promised to return to several of the themes I sketched out. In this post, I want to focus on the first: The total absence of press coverage of the...
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Interestingly, it looks like the government will not appeal Judge Kaplan's decision in the Ghailani case, and so the case will move forward in short order after all.
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I have a lot to say about the ACLU-CCR brief in Al-Aulaqi, too much for a single post. In addition, this is a busy day for me for non-blogging reasons; my son and I are testing for our black belts in tae...
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The ACLU and CCR have filed their response to the government's motion to the dismiss Al Aulaqi case. I haven't had a chance to read these yet, but thought I would link to them. Here is the groups' Reply ...
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Dafna Linzer has an amazing story about Uthman Abdul Rahim Mohammed Uthman, an alleged al Qaeda member detained since 2001. Judge Kennedy granted Uthman’s habeas petition in this opinion, filed in April...
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I have now read Judge Reggie Walton’s opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani. In keeping with my usual practice, I will leave it to others to discuss the case...
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Judge Reggie Walton's redacted opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani has been declassified. I will have comments once I've read and digested it. The conclusi...
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A few weeks ago, I posted a group of briefs in pending Guantanamo habeas appeals. At the time, only the petitioner's brief in Al Alwi was available. The government's brief is now available as well. Oral ...
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Largely overlooked in Judge Kaplan's Ghailani Order is his statement that Ghailani’s “status as an 'enemy combatant' probably would permit his detention as something akin to prisoner of war until hostili...
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After reading the Khan opinion, I find that I don't have a great deal to say about it. It does not significantly alter the discussion of any of the issues Bobby and I have been writing about--save that i...
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I was amused, in reading Judge Bates' Khan opinion just now, to run across the judge's account of the scope of the government's detention authority--amused because the New York Times this morning editori...
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The opinion by U.S. District Judge John Bates in Khan v. Obama has been declassified in redacted form.