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The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick G...
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Looks like the D.C. Circuit is going to get another crack at Bagram jurisdiction. Maqaleh II, decided by the district court in mid-October, is headed up. Good luck with that!
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Back in early November, Ben and I blogged about Fordham Professor Andrew Kent's provocative new essay, "Do Boumediene Rights Expire?," which he published in "PENNumbra," the online companion to the Unive...
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Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...
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The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v.
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First up: on Monday the Hedges plaintiffs, with the United States' consent, sought additional time with which to file their response brief. (From the docket, it seems the plaintiffs actually had request...
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Wells is exactly right--and Senators Levin and Graham are exactly wrong--about the implications of last night's Senate vote approving Senator Feinstein's amendment to the FY2013 National Defense Authoriz...
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Courtesy of Todd Ruger from the National Law Journal, it appears that D.C. Circuit Chief Judge David Sentelle will be taking senior status as of February 12, 2013. That will reduce to seven the total num...
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What’s a habeas petitioner to do, if 1) current and former U.S.
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Peter Margulies of Roger Williams School of Law, writes in with the following preview of the coming Tarek Mehanna appeal.
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Vice Admiral (Retired) Bruce MacDonald, the Convening Authority for the military commissions at Guantanamo Bay, has filed his appellate brief in Al-Nashiri v.
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In his response to Andrea Prasow, Ben suggests that, in continuing to object to military commissions that have been blessed by two Congresses and both the Bush and Obama Administrations, "Human Rights Wa...