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Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou...
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One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension...
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The United States has filed its appellate brief in the case of Al-Janko v.
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Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case--in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage o...
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In other habeas news, detainee Obaydullah has noted his appeal to the D.C.
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Remember the Guantanamo detention case of Hentif v.
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Not all news today is the secret meeting of the Lawfare cabal in plain sight - at the House Judiciary Committee hearing on drones and targeted killing. There is, for example, the opinion just issued in ...
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With Abraham Lincoln back in the news, the Federal Judicial Center has posted a series of neat documents about the suspension of habeas corpus and the Ex Parte Merryman case. Here's a brief history of th...
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“The commission is called to order,” Judge Pohl says. Back to CDR Walter Ruiz, and his witness: the Convening Authority, with a visage grainy in the video-teleconference monitor (itself piped to us here...
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Romance is in the air---and waves of the purest judicial authority---as Judge Pohl calls our session to order. The five men accused of planning 9/11 are present in the courtroom, along with lawyers for ...
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The Smallwood Screen comes alive, with Judge James Pohl seated at the familiar, authority-emanating bench. A glow likewise surrounds the wall’s JTF insignia; it seems to say, “let us reconvene and discu...
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There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr...