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Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?" His remarks begin as follows:
Thank you, Mr. President and Members...
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We've written a fair amount already about Chief Judge Lamberth's September 2012 decision regarding the Guantánamo detainees' continuing right of access to counsel (not to mention his March 2013 decision ...
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As Raff noted last week, the lawyers for the defendant-appellant in United States v. al-Bahlul--the military commission case in which the D.C.
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with this piece on the Boston attacks and possible improvements to our approach to c...
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The Hill reports:
The head of the House Intelligence panel is worried the Justice Department may have jeopardized the public’s safety by allowing a federal judge to read the Boston bombing suspect his Mi...
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Salam al-Marayati, President of the Muslim Public Affairs Council, sent in this piece on the Boston attacks and extremism:
An unfortunate consequence of the Boston Marathon bombings has been this: the si...
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The Ninth Circuit will hear oral argument in Al-Nashiri v. MacDonald on June 3. The civil appeal challenges the power of the Military Commissions’ Convening Authority to prosecute Al-Nashiri before a mi...
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So we learn from this order, handed down yesterday, by the United States Court of Appeals for the Second Circuit.
In a letter filed after the Hedges oral argument, attorneys for the government had cited...
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Yesterday, Senator Lindsey Graham held a press conference, in which he unsurprisingly lamented the White House's decision not to treat Dzhokhar Tsarnaev as an "enemy combatant."
A transcript is below.
G...
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Among other things, the story describes the defendant's interrogation, Sunday, pursuant to Miranda's public safety exception:
BOSTON — Lying grievously wounded in a hospital bed, the surviving suspect i...
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A few Lawfare readers have wondered why, given the past attention we have paid on this blog to the Alien Tort Statute, none of us have had anything to say about last week’s landmark decision in Kiobel. ...
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While the manhunt for one of the Boston bombing suspects was underway Friday, Susan and I wrote up this short annotated bibliography linking to pertinent resources about the conflicts in Chechnya and Kyr...