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Cully Stimson, formerly the Deputy Assistant Secretary of Defense for Detainee Affairs and now at Heritage, raises an important issue with respect to the implications of Article 75 for the admissibility ...
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(By Benjamin Wittes and Larkin Reynolds)
The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt...
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Several new bills were introduced in the Senate today by a shifting group of mostly-Republican senators.
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Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization. Thei...
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House Armed Services Chairman Buck McKeon lost no time in introducing legislation in response to the President’s Executive Order yesterday. Here is a quick and dirty analysis.
A word of disclosure is in...
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The New York Times editorial today contains a notable omission: It does not say that the long-term detention of people at Guantanamo Bay is illegal. For those who have followed my quixotic campaign (here...
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House Armed Services Committee Chairman Buck McKeon announced today that he is introducing legislation "to address the Administration’s Executive Order and America’s terrorist prosecution and detention p...
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What appears to be one of the most significant changes in U.S. detention policy announced by the White House yesterday was not included in the new Executive Order but, rather, was buried at the very en...
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Rep. Peter King, Chairman of the House Committee on Homeland Security, has been taking a beating for his planned hearing on radicalization in the Muslim-American community--and that is probably not unjus...
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Over the last week, the Department of Justice has been busy filing responses to several of the Guantánamo detainees’ cert. petitions: It has submitted four briefs to the Supreme Court in the span of just...
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I expected that today's Executive Order would be criticized in some quarters on the ground that the status quo should not be further institutionalized in this way (a position that is, in my view, the ver...
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This afternoon the D.C. Circuit responded to the government's request for a temporary stay in Almerfedi v. Obama by granting the motion.