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Today, counsel for Saeed Mohammed Hatim filed an "Emergency Motion Concerning Access to Counsel," both in the Yemeni detainee's recently reactivated habeas action, and in In Re: Guantanamo Bay Detainee C...
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In advance of the President's speech tomorrow, the Attorney General has just sent this letter to Senator Leahy, Chairman of the Senate Judiciary Committee, describing the Administration's legal basis for...
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With President Obama's big speech tomorrow on counterterrorism policy at National Defense University in mind, Commentary Magazine has been nice enough to post today my June cover essay, "The Case for Dro...
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Today we will appear before the House Judiciary Committee, and will argue that Congress should put to rest the question of military detention for domestic captures. More specifically, we will argue that...
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Just in time for the President's speech on Thursday, the Hoover Institution has released Chapter 2 of our serialized book: Speaking the Law: The Obama Administration's Addresses on National Security Law....
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Ben and Bobby will be testifying in front of the House Judiciary Committee on "Protecting U.S. Citizens' Constitutional Rights During the War on Terror" at 10 am tomorrow at 2141 Rayburn House Office Bui...
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On Thursday, President Obama will be giving a major address on national security and counterterrorism, styled as a companion to the 2009 National Archives address. That 2009 speech adopted a pragmatic a...
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I meant to post on this last week and clean forgot until I heard a bit of it on CSPAN radio yesterday. The Heritage Foundation held this event on detainee policy featuring all four people who have held t...
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Earlier today, the House Judiciary Committee held a hearing entitled "Eyes in the Sky: the Domestic Use of Unmanned Aerial Systems." The four-witness panel included two experts familiar to Lawfare reade...
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Peter Margulies, of Roger Williams School of Law, writes in with these comments on law, ethics, and the hunger strike ongoing at Guantanamo:
The hunger strike at Guantanamo has put bioethics on the front...
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A common assumption in the debate about the appropriate legal regime for extra-AUMF threats is that the AUMF is cabined and cannot be extended to newly threatening Islamist terrorist threats. Yesterday’...
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There's been a flurry of Lawfare posts on today's hearing, before the Senate Armed Services Committee, on the 2001 Authorization for the Use of Military Force. The video of the hearing can be viewed here...