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CMCR Denies Mandamus in Military Commission Media Access Cases
Wells blogged previously about the efforts of various media groups and the ACLU to seek mandamus review before the Court of Military Commission Review (CMCR), challenging the scope of the protective orde... -
Carter and Pearlstein on Prosecution and Counterterrorism (and the Question of Denied Areas)
Philip Carter and Deborah Pearlstein have posted a thoughtful essay at Foreign Policy that emphasizes the utility of civilian criminal prosecution as a counterterrorism option. I very much agree with th... -
A Successful Conclusion to the Warsame Experiment?
The Ahmed Warsame case (Warsame is the al Shabaab member captured by US forces while attempting to return to Somalia after a period of training with AQAP in Yemen, who was then held for two months in mil... -
Chief Judge Lamberth on the Government's Foot-Dragging in the Guantánamo Habeas Cases
Even for those keeping up with the Guantánamo litigation, this decision by Chief Judge Lamberth, a declassified version of which was released on Friday, may have slipped under the radar. The specific iss... -
Will The Supreme Court Issue a Decision in Kiobel This Week?
Although most Supreme Court watchers are focused on the two gay marriage cases to be argued before the Court on Tuesday and Wednesday of this week (NB: I signed the brief submitted by former Republican o... -
Al-Bahlul's Response to USG Petition for Rehearing <em>En Banc</em>
Military commission accused Ali Hamza Ahmad Sulaiman al-Bahlul has submitted his response to the government's petition for rehearing by the full D.C. -
A New Al Qaeda Prosecution in New York
Ibrahim Suleiman Adnan Adam Harun (aka Spin Ghul) is in custody in Brooklyn, facing an array of federal court charges stemming from alleged al Qaeda activities in Afghanistan, Pakistan, and Nigeria betwe... -
A Question for Ben
Ben writes that it is the “political reality” that “any president is going to feel obliged to maintain counterterrorism on offense,” i.e., counterterrorism through military means, “and Congress—whining, ... -
After the AUMF, III: A Surreply to Jack
It’s quickly becoming apparent that we and Jack appear to be talking past each other on the merits of the Chesney/Goldsmith/Waxman/Wittes (CGWW) proposal for a new framework statute for “extra-AUMF threa... -
After the AUMF, II: Daskal and Vladeck Reply
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After the AUMF: A Response to Chesney, Goldsmith, Waxman, and Wittes
In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future a... -
Should Abu Ghaith Have Been Sent to GTMO? Senators Ayotte and Graham (Still) Think So
Wednesday on the Senate floor, three senators spoke about the Obama administration's decision to prosecute, in a federal court, Osama bin Laden's son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Re...
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