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Razak Ali v. Obama: A Case of Mistaken Identity, or "Guilty By Guesthouse"?
On March 8, 2011, Saeed Bakhouch, an Algerian GTMO detainee also known as Razak Ali, noted an appeal of the District Court’s January 2011 denial of his petition for a writ of habeas corpus. Oral argumen... -
Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad
Today, the Brookings Institution released a lengthy paper my colleague Daniel Byman and I have been working on for some time, entitled "Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Ab... -
A Meta-Study of Drone Strike Casualties
In his widely discussed May 23 speech at the National Defense University, President Obama acknowledged that “much of the criticism about drone strikes---at home and abroad---understandably centers on rep... -
Better Late than Never: Periodic Review Boards Finally (Re)Starting at GTMO
Well, it is not exactly being launched with fanfare, but it appears that the long-awaited Periodic Review Board (PRB) process is about to be relaunched at GTMO. So reports Carol Rosenberg, here. Let me... -
A Recap of Friday's Oral Arguments in Al-Aulaqi v. Panetta
Despite the day (TGIF!), the weather (95 degrees and rising), and other developing national security news, the E. Barrett Prettyman Courthouse security checkpoint was brimming with people primed to hear ... -
Oral Argument Preview: Al-Aulaqi v. Panetta
Tomorrow morning, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia will hear arguments on the government's motion to dismiss in Al-Aulaqi v. Panetta. The lawsuit was filed l... -
The Construction of the NDAA in Hedges
Judge Lewis Kaplan's excellent Second Circuit opinion in Hedges yesterday should end the controversy over whether the 2012 NDAA expands or merely codifies the government's AUMF detention authority---thou... -
USG Appeals DDC Counsel Access Ruling to DCCA; Obtains Stay
The order entering the stay, by Circuit Judges Rogers, Brown, and Kavanaugh, is here. It essentially pauses enforcement of last week's order, by Judge Royce Lamberth, that partially invalidated certain ... -
CA2 Decides Hedges, Concludes that Plaintiffs Lack Standing
The opinion, which I've only now begun to skim, is here. From the decision's opening paragraphs: On December 31, 2011, President Obama signed into law the National Defense Authorization Act for Fiscal... -
Another DDC Opinion Denying Preliminary Injunction Against Force-Feeding
Judge Rosemary Collyer today denied the three remaining motions for a preliminary injunction against force feeding at Guantanamo, concluding that she lacked jurisdiction over the motions. -
A Quibble Over Supplemental Authority in Hamad v. Gates
It's a battle over the latest case law in Hamad v. Gates, a GTMO-related appeal now awaiting decision from the Ninth Circuit. After oral argument on June 5, the government noted certain supplemental au... -
Stephen Holmes on Drones
Crafted with his characteristic mix of brilliance and dark speculations about the motives of government actors, Stephen Holmes, my colleague, has published an exceptionally rich essay in the Financial Ti...
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