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Two new amicus briefs concerning the petition for a writ of certiorari in Latif. The first is on behalf of thirteen retired federal judges, who offer four main arguments:
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Columbia legal scholar Philip Bobbitt just sent in this fascinating article on the constitutionality of the individual mandate as justified by biosecurity. If that sounds like a bit of a non-sequitur, we...
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The government filed its opposition to cert in the case of Moath Hamza Ahmed Al Alwi--a Guantanamo habeas petitioner. Al Alwi filed a petition for a writ of certiorari back in December, though we missed ...
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Another amicus brief has been filed in the D.C. Circuit appeal of the military commission of Ali Hamza Ahmad Suliman Al Bahlul, this time by former members of the U.S. Intelligence Community. Arguing on ...
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Earlier this week I published a piece on the Foreign Policy page that defended the legal infrastructure for the Obama’s administration’s targeted killing program. At the end I made the following proposa...
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A little while back, I wrote an article describing the evolution of our capture and detention policies in Iraq from 2003 to 2010 (based on a review of a massive pile of after-action reports and interview...
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The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuse...
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An administration official sends in the following in response to Andy Worthington's critique of the DNI's recidivism numbers:
How I wish he were right. But he isn’t.
The DNI numbers usefully distingu...
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British journalist Andy Worthington offers this critique of the recent DNI report on Guantanamo recidivism--and of the press coverage of the report.
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I had no idea when I wrote this post last night about ConText that I would awaken this morning to this incredible story by my former colleague David Ignatius about a cache of soon-to-be-released communic...
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Raff already posted earlier about some of the amicus briefs filed today (or earlier) in the al-Bahlul case (the "other" military commission appeal currently pending in the D.C. Circuit).
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The American Civil Liberties Union has filed its opening brief in its appeal of the District Court of the District of Columbia's granting of a motion for summary judgment for the Central Intelligence Age...