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For about a year and a half after the Supreme Court's 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation. Beginning in J...
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The first Chapter of Bob Woodward’s Obama’s Wars describes Barack Obama’s first post-election intelligence briefing from Director of National Intelligence Mike McConnell, on November 6, 2008. The chapte...
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Kevin Heller says that progressives “argue that the decision to kill an American who does not pose an imminent threat should be submitted to law — to the judicial process — not left to the ‘good faith’ o...
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The Supreme Court granted cert. today in General Dynamics v. United States and Boeing v.
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Adam Serwer of the American Prospect has a typically thoughtful post on the government's Al Aulaqi brief, notable for his taking the government's arguments seriously even in dismissing them.
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[FINAL UPDATE: Please disregard this original post, and instead look to my summary of the actual bill posted on 9/29/10]
[update: some have suggested to me that my impression of the bill will be differe...
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Here's an interesting addition to our discussion of Lindsey Graham's Guantanamo habeas legislation. Walter Kuhn, Minority Chief Counsel on the Senate Judiciary Committee's Subcommittee on Crime & Drugs, ...
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In the aftermath of the Israeli/Gaza "flotilla" incident, the U.N. Human Rights Council appointed a panel to investigate potential violations of both international humanitarian law and international huma...
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David Cole has a new article on Guantanamo in the New York Review of Books. There is a great deal in David's article with which I disagree, both tonally and substantively. But his piece, as with a fair b...
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In my previous post, I argued that the government's Al Aulaqi privilege claim, for all the attention it is getting, is not the grounds on which the government wants to get this case thrown out.
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Jack has already pointed out that the government's invocation of the states secrets privilege in its Aulaqi brief is reluctant, even grudging. If anything, he is understating the point. Some press covera...
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The USG’s brief in Al-Aulaqi, the targeted killing case, reveals a great deal about the Obama administration’s thinking about its legal authorities.
1. Perhaps most noteworthy is the brief's re...
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Jack has already posted the government's brief in opposition to the ACLU's and CCR's request for a preliminary injunction and in support of its motion to dismiss. The government, however, filed some othe...
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Here is the U.S. Government’s brief in support of its motion to dismiss the ACLU targeting killing case, Al-Aulaqi v. Obama. The government's general comment on the case is as follows:
The injunction pl...
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The underlying opinions are not yet available, but readers may be interested in knowing that merits decisions in two more GTMO habeas cases were reported over the past week, including one today. The gov...
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It is, I suppose, one of the perks of being in the opposition that one need not have anything useful, interesting, or responsible to say on key matters of policy. For years, it was the Democrats who had ...
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Stewart Baker draws attention to a very interesting story involving a piece of malware known as Stuxnet. Stuxnet aims to penetrate SCADA systems (i.e., software enabling utilities to remotely monitor an...
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Paul Rosenzweig, who served as deputy assistant secretary for policy in the Department of Homeland Security during the last administration, writes in with following perceptive thoughts, fleshing out my s...
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The Washington Post has now published the context surrounding Obama's much derided comment to Bob Woodward about absorbing a terrorist attack. According to the Post's Greg Sargent, Woodward writes on pag...
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If President Obama does not already regret saying these words to Bob Woodward for a book slated for release just before the mid-term elections, he surely will. The Washington Post reports that:
Woodward'...