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Judge Lamberth has granted a joint motion by Sharqawi Abdu ali Al-Hajj (ISN 1457) and the government to dismiss al-Hajj’s habeas petition, without prejudice. The one-page order is here. For prior cover...
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Yesterday Harper’s ran a piece by Daniel Swift on drones, criticizing the extensive but selective leaking of details about the CIA drone program. It’s a fair point, resonating with Ken Anderson’s concer...
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Musa'ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention.
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The Washington Post has a story this afternoon in which the Air Force confirms that it is operating armed Reaper drones out of a particular location in Ethiopia. It is an interesting contribution to the...
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On October 12th, Judge Walton denied habeas relief to GTMO detainee Abdul Qader Ahmed Hussein (ISN 690), and the 22-page unclassified opinion is now available here.
I don't think the opinion breaks any ...
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Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court's dismissal of a B...
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Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory. From the domestic law perspective, Horton maint...
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I'm afraid I owe Lawfare readers an apology. Because of a calendar foul-up, I missed yesterday's D.C. Circuit argument in Alsabri v. Obama, a Guantanamo habeas case--nor did I write an oral argument prev...
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Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli...
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Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ...
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May God bless their little souls. The poor dears really are trying. The New York Times editorial page has now corrected its correction.
This is getting meta, and this post will be incomprehensible to th...
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The defense in United States v.