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David Remes Responds on Forced Repatriations from Guantanamo
David Remes wrote in to rebut my recent post, which stated that some forced repatriations are a “virtually inevitable part of any plausible plan” toward closing Guantanamo. I’ve pasted Remes’ entire not... -
Forced Repatriation is Part of Closing Guantanamo
As the Obama administration re-energizes efforts to winnow the Guantanamo population through transfers to other countries, it will be squeezed from many sides -- including from those who see the transfer... -
Oral Argument Preview: Hatim v. Obama, or the "Counsel Access Case"
On Monday morning, a significant Guantanamo case, Hatim v. Obama et al., will be argued before D.C. Circuit Judges Merrick Garland, Karen L. Henderson, and Thomas B. Griffith. -
What Will Cyber Conflict Look Like?
There is much to admire in Erik Gartzke’s recent Lawfare essay, Fear and War in Cyberspace. Indeed, I find myself in substantial agreement with it as a proposition reflecting the reality of today. But ... -
Detainees Request Permission to Address Revised Force-Feeding Protocols in Aamer v. Obama
The detainees in Aamer v. Obama, the force-feeding case on appeal before the D.C. Circuit, have filed another letter with the court. In a Nov. 21 letter, the government notified the court that the force-... -
Two More Guantanamo Detainees Transferred to Algeria
The transfer of two Algerian detainees at Guantanamo Bay was announced this morning by the Department of Defense: The Department of Defense announced on Dec. 5 the transfer of Djamel Saiid Ali Ameziane a... -
Apropos of Judge Edwards: Petition for Certiorari Filed in Hussain
It is somewhat old news, though refreshed a bit in light of yesterday's Ali decision from the D.C. Circuit: on November 19, lawyers for another Guantanamo detainee, Abdul al Qader Ahmed Hussain, asked th... -
Judge Edwards's Odd Concurrence in Ali
Both Raffaela and Steve have already noted the D.C. Circuit's opinion yesterday in Abdul Razak Ali v. Obama, the latest Guantanamo habeas case. -
D.C. Circuit Affirms Habeas Denial in Ali v. Obama
As Steve already noted, the D.C. Circuit has affirmed the district court's denial of a writ of habeas corpus to Guantanamo detainee Abdul Razak Ali. We covered the oral argument this fall, in preview and... -
Judge Edwards and "Functionally Useless" Habeas
This morning's D.C. Circuit decision in Ali v. Obama is not exactly a shocker, given the court's ever-solidifying body of jurisprudence on the scope of the government's power to detain non-citizen terror... -
Eugene Robinson Gets it Wrong on Drones
Over at the Washington Post, columnist Eugene Robinson has a piece decrying the morality of drone strikes---a piece that expresses with an admirable economy of words nearly every conceptual error one can... -
Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases
From the defense's standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev ...
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