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In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the e...
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I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts:
First, this lawsuit does not suffer from the prohibitive standing problem that pl...
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As Ben says, there is a lot to talk about with respect to al-Aulaqi v. Panetta, a civil suit filed today by the ACLU and CCR in an attempt to obtain money damages for airstrikes conducted by the United S...
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The ACLU has filed suit over the deaths in drone strikes of three U.S. citizens: Anwar Al-Aulaqi, his 16-year-old son, and AQAP propagandist Samir Khan. The complaint is available here. The ACLU's press ...
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From Guantanamo, this: today's proceedings will be 100% closed, and recess immediately afterwards. Open proceedings will resume tomorrow.
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That's the word from the technical folks here at Fort Meade, anyway. The hearing reportedly is underway, as of ten minutes ago - but, as expected, the topic under discussion is classified discovery. ...
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Ben already posted last week about the new battle a-brewing over the "Memorandum of Understanding" (MOU) that the Department of Justice is apparently requiring counsel in the Guantanamo habeas cases to s...
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For Kammen, the next defense motion, AE74, is all about saving government money and efficiency. The government has provided a database to the defense in discovery, the attorney tells the court. And these...
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We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.
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Kammen shifts to his reimbursement motion, AE 76. In particular, defense counsel wants to add a sixth, civilian paralegal to Al-Nashiri’s defense team. That person would be paid on an hourly basis, perf...
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Judge Pohl next takes up AO 82, the defense motion to force the Convening Authority to fund a consultant, Nancy Hollander, to aid the defense on matters related to national security law. (Government resp...
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The next issue, Judge Pohl announces, is the group of motions surrounding discovery: AO 76, AO 77, AO 85, AO 82, and AO 74.
They start with AO 82, which seeks an accounting of prosecutorial resources.
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