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How should we understand CIA General Counsel Stephen Preston's speech at Harvard Law School the other day? It is not, like earlier speeches by senior administration lawyers and counterterrorism officials...
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The government has filed its response to Abdulrahman Abdou Abou Al Ghaith Suleiman's petition for rehearing en banc in the D.C. Circuit.
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We now have a collection of speeches from the past two years by the Obama administration's top lawyers in the national security agencies and departments on targeted killing and (hypothetically speaking) ...
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A judge of the U.S. District Court for the District of Washington in Seattle has dismissed a Bivens action by a former Guantanamo detainee against former Defense Secretary Bob Gates. Adel Hassan Hamad is...
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Today the Supreme Court issued cert. determinations in two of the several Guantanamo-related petitions that have been filed this term. The Court denied both petitions, declining to hear either Abdah v.
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Rumor has it that sometime this week (perhaps as early as tomorrow), Congressmen Scott Rigell (R-VA) and Jeff Landry (R-LA) will introduce a bill titled the "Right to Habeas Corpus Act." In short, the bi...
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An important predicate for the legal and political justification for the U.S.
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Last year, Bobby, Larkin, and I released a paper entitled "The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking." The paper promised to be a kind of living document:
Rather than si...
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I hope you aren't too sick of reading about Abd Al-Rahim Hussein Muhammad Abdu Al Nashiri, 'cuz there's more. No, this isn't from his military commission case.
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Nigeria seems to have just added some state practice to the debate about whether and when an armed conflict exists between a state and a terrorist group. On Tuesday, the Nigerian Army’s Chief of Staff i...
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After yesterdays motions hearing, Chief Prosecutor Mark Martins issued the following comments:
Chief Prosecutor Mark Martins
Remarks at Guantanamo Bay on 12 April 2012
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All discovery, all the time. We move now to AE53, the defense’s motion for the discovery of information about the resources expended by the government in its investigation. Kammen is up first, and he ...