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Judge Colleen Kollar-Kotelly has denied a habeas petition from Guantanamo detainee Fayiz Mohammed Ahmed Al Kandari (ISN 552). The opinion is not yet available. The public record of Al Kandari's CSRT and ...
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Post-game analysis of the Ninth Circuit's en banc decision in Mohamed v.
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I posted earlier a summary by Larkin Reynolds of the coming argument in Salahi v. Obama--which the D.C. Circuit is hearing on Friday. I also posted the briefs. I think this case is a big deal, one that s...
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That is the title of General Charles Dunlap’s latest reflections on lawfare. The abstract:
Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best...
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...and fortunately we don't usually get worked up about it. That's not to say civilian criminal prosecution is always the right or only option. Just a reminder that these cases do come up and don't hav...
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It is now well known that the Obama administration has embraced almost all of the Bush administration’s counterterrorism policies without substantial modification. One such policy is military detention ...
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In his two responses (here and here) to Steve Vladeck's earlier post on S. 3707, Bobby has said, better than I could, much of what what I believe. What remains are a few isolated points of disagreement b...
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Earlier today I posted some thoughts in response to Steve Vladeck's commentary on the Graham bill, focused on the question of which groups ought to fall within the scope of the government's authority to ...
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An interesting aspect of the recent en banc decision in Jeppesen is the court’s reliance on the new Obama administration internal procedures to support its “independent conclusion . . .
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Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, who previously offered these comments on S. 3707 and future dangerousness weighs in on the bill's transfer provision...
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Ben has previously posted at length (see here for the first installment) regarding the pros and cons of Senator Graham’s bill on detention (see here for the first in the series), and over the weekend Ste...
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Larkin Reynolds, a Brookings legal fellow who is working with Bobby and me on the next edition of our habeas report, offers a preview of the next big D.C. Circuit case:
The first Guantánamo case schedule...
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Steven Vladeck has an extensive discussion of, really an indictment of, the Graham bill over at Prawfsblog. I will have a fair bit to say in response to Steve.
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Spencer Ackerman makes a thoughtful point in response to Jack's oped:
Goldsmith is totally, totally right that the GTMO-North alternative makes the closure of Guantanamo “symbolic.” I made a similar poin...
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Josh Gerstein at the Politico reports that, quite unsurprisingly, President Obama has extended for another year the state of national emergency that has existed since President Bush proclaimed it in Sept...
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As Jack already noted, at President Obama's press conference today, the president stated that "we have succeeded on delivering a lot of campaign promises that we made. One where we’ve fallen short is cl...
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At his press conference today President Obama answered two questions about terrorist trials and closing GTMO. No real news here as far as I can tell, other than to reaffirm administration positions. He ...
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That is the title of an op-ed by me in today’s Washington Post.
My proposals:
First, give up on closing the Guantanamo Bay facility. The administration has missed its one-year deadline. The symbolic ben...
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Steve Aftergood at Secrecy News responds to the views of Greg McNeal and Marc Ambinder on the significance of proposed changes to FISC Rules of Procedure. Steve thinks the problem identified by Greg and...
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The blogosphere and op-ed pages are abuzz with reaction to yesterday’s big Ninth Circuit decision concerning the state secrets privilege in Mohamed v.