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A few weeks back we noted that Ali Hamza Ahmad al Bahlul filed his petitioner brief in the D.C. Circuit Court in his appeal from the military commission's judgment and sentence against him. Now comes his...
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Defense counsel for the five alleged 9/11 co-conspirators have filed several motions challenging the closed-door nature of some military commission proceedings.
Although the filings haven't been releas...
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Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...
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This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences:
(1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ...
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Is al Qaeda in the Arabian Peninsula (AQAP) so distinct from the original al Qaeda network (“core al Qaeda”) that the use of force against AQAP cannot be justified, as a matter of U.S.
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Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that's still moving in the lower courts. There was a time, not ...
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In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...
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Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom. Jonathan write...
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Ken and Ben have recently commented on the national security speeches of Obama Administration officials, including most recently the remarks of CIA General Counsel Stephen Preston. As a former Bush Admi...
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So Charlie Savage is reporting over at the New York Times:
The transfer [of the two Uighurs] leaves 169 detainees at the prison in Cuba, but the Obama administration notified Congress several days ago th...
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... El Salvador. [I've just changed the title to reflect the fact that other Uighur detainees still remain at GTMO]. From DOD's press release:
IMMEDIATE RELEASE
No. 291-12
April 19, 2012
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Was it clearly established in 2006-07 that GTMO detainees were entitled to the protections of the Fifth Amendment? A district judge in Washington State thinks so, adding that it was clearly established ...