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Does anyone have any idea what this is about?
In March 2011, the government made classified filings in 10 cases involving high-value detainees. The filings have never become public, and I have been wond...
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The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we ...
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Thanks to an unexpected pair of days off, I've finally had the chance to review Judge Bates's October 19 rulings in Al-Maqaleh v. Gates ["Al-Maqaleh II"] and Hamidullah v. Obama. As readers know, these a...
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Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty Inte...
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Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...
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The government has filed its brief in Hamad v. Gates, an appeal to the United States Court of Appeals for the Ninth Circuit. Like Al-Nashiri v.
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I was out of the country last week and missed the opportunity to weigh in promptly on the Hamdan decision. In reading the reactions, I have noted that many human rights and civil liberties groups have i...
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I have now read through Al Maqaleh v. Gates and Hamidullah v. Obama, which are both brief reads. I don't have a great deal to say about them, except that they well represent the end of the line for the p...
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Wells already posted U.S. District Judge John D. Bates's opinion dismissing Maqaeleh. Judge Bates also dismissed the related case of Hamidullah. I'm reading them both now and will have thoughts later tod...
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Judge John Bates has granted the government's motion to dismiss in Al-Maqaleh et al v. Gates---in which detainees at Bagram Airfield in Afghanistan had petitioned for writs of habeas corpus.
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Jonathan Witmer-Rich of the Cleveland-Marshall College of Law writes in with these comments on Hamdan II:
Reflecting on Hamdan II, I wonder if the court really responded to the government’s opening argum...
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Steve, Ben, Jack, and Bobby have already posted some excellent thoughts on the DC Circuit's decision in Hamdan II. I agree with many of them.