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Kevin Heller writes in with the following observation in response to my post yesterday on Syria/LOAC:
I liked your post on Syria and the ICRC, but this statement gave me pause: "The ICRC’s past and prese...
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As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution. After several very quiet months...
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[Update: a responsive post from ICRC's Daniel Cahen is here, and ones from Kevin Heller and Gabor Rona are here and here]
Many papers and sites are today highlighting the fact that the ICRC has stated p...
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An important news analysis piece from Scott Shane of the New York Times. I'm glad Shane took the time to lay this out. Though the point seems very obvious to me, it is decidedly non-obvious to many peopl...
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Over at SCOTUSBlog, Lyle Denniston has a piece on the Esmail access to counsel issue I wrote about Wednesday. It opens:
For years, the federal government — in two administrations — has taken the view tha...
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Get your memo in support here. Government response due on July 23, I hear.
The original opinion striking down Section 1021 of the NDAA is available here.
And no, I will not be participating in this pan...
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Tom Junod wrote in with the following in response to Ben's earlier post:
Point taken on the "lecture from the principal" criticism: you either like that or you don't, and you didn't. But I don't think y...
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I have now had time to read Tom Junod's lengthy essay in Esquire to which Ritika linked the other day. Entitled "The Lethal Presidency of Barack Obama," it combines the form of a reported essay with a di...
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There seem to be many things habeas counsel might dislike about the proposed Memorandum of Understanding that DOJ has asked David Remes to sign. But like Ben, I’ll wait until I see the government’s resp...
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I received the following email just now--the first time in my life, and I suspect the last, that I ever been confused with a certain blogger over at Salon.com:
From: Lucas Vazquez
To: wittes.lawfare@gma...
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I received the following email from human rights lawyer David Remes about a filing he and his colleagues just made on Monday on behalf of his Guantanamo client Yasein Khasem Mohammad Esmail. Esmail lost ...
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Now here is a rare sight…a transfer out of GTMO, in this case made possible by the individual’s completion of his plea-based military commission sentence. From DOD’s press release:
Detainee Transfer Ann...