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It is always an awkward spectacle when a court has to climb down, having issued an opinion that it has no real power to effectuate. That's what has now happened in the British Court of Appeals in the cas...
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Fayiz Mohammad Al Kandari, a Guantanamo detainee, has filed a petition for a writ of certiorari in his habeas case. This comes after the D.C. Circuit denied his petition for en banc review in late Januar...
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Pentagon General Counsel Jeh Johnson is giving a speech today at the Yale Law School. The prepared text is as follows:
Dean’s Lecture at Yale Law School
“National security...
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This just in: the Office of Chief Defense Counsel in the Military Commissions asked the National Association of Criminal Defense Lawyers' Ethics Advisory Committee for an advisory opinion on whether defe...
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Ben's two questions in response to my post yesterday on the D.C.
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Steve is quite right that yesterday's decision in Al Zahrani is no surprise.
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Here is your moment of Not-Zen for the day (with thanks to my student Daniel). (With apologies to the senior editors of Lawfare for momentarily lowering the tone.)
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Given Ben's report on the oral argument, today's fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is...
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The New York Times is reporting that a group of flu and public health experts at a WHO-convened meeting in Geneva have decided that the full research details will be released regarding the highly contagi...
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[Update: Mary replies to this post here.]
Ben's commentary on Mary Dudziak's NYT piece has generated this reply from Mary, in which she raises several interesting questions. As a general proposition, I...
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I hope it is not snarkish to hope that by the time I hit "publish" on this post, the director of the National Constitution Center's "Peter Jennings Project," Todd Brewster, will have corrected his articl...
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In a recent ABC News/Washington Post poll, seventy percent of respondents (including a majority of self-identified liberal Democrats) said they approve of keeping open the Guantanamo Bay detention facili...