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The Daqduq Failure Nears Its Conclusion

Robert Chesney
Friday, July 13, 2012, 12:34 PM
Will Ali Mussa Daqduq soon be a free man?  It's looking more and more likely.  According to an AP report, a five-judge appellate panel in Iraq has affirmed a lower court's decision to dismiss charges against Daqduq, and he has been moved from a jail to "house arrest" in the Green Zone.    The news report indicates that there may yet be a further appeal, so things

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Will Ali Mussa Daqduq soon be a free man?  It's looking more and more likely.  According to an AP report, a five-judge appellate panel in Iraq has affirmed a lower court's decision to dismiss charges against Daqduq, and he has been moved from a jail to "house arrest" in the Green Zone.    The news report indicates that there may yet be a further appeal, so things may yet change. But I'm not holding my breath on this one.  To me, the interesting question goings foward are (i) whether the US government has actually requested Daqduq's extradition (note the news report containing a quote from an Iraqi official denying knowledge of any such request), (ii) if we have done so whether the Iraqis will comply (I'm not holding my breath on that either), and (iii) if we have not done so whether this is because of internal executive branch disputes over whether to pursue the civilian or military commission routes (and related questions of geography).

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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