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Statement by the Chief Prosecutor on This Week's Hearings in the 9/11 Case
Here it is. From the statement's discussion of Monday's break in CCTV audio and video, during remarks by KSM attorney David Nevin: As in courts-martial, members of the Office of Military Commissions sta... -
No Affirmance in Rimi; No Remand, Either
That's the gist of this order, issued today by a three-judge panel of the D.C. Circuit, in Rimi v. Obama. The detainee, who had been transferred from Guantanamo to Libya in 2006, unsuccessfully sought h... -
Hefty Sentences Handed Down in Kentucky Against Iraqi Insurgents
Back in 2011, I posted on the civilian criminal prosecution of a pair of former Iraqi residents Mohanad Shareef Hamadi and Waad Ramadan Alwan. Both men were charged with having been involved in the insu... -
Amy Davidson on the Guantánamo Red Light Mishigas
Although our own coverage of this week's pre-trial proceedings in the 9/11 military commission trial at Guantánamo already covered the issue in some detail, I couldn't help but be taken by Amy Davidson's... -
Self-Promotion Department: Vázquez and Vladeck on <em>Bivens</em> and State Law
A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases. -
What the Convening Authority's Decision Means: Withdrawal Is off the Table, but Dismissal Is Still an Option
As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins's recommendation to withdraw the conspiracy charges against Khalid Sh... -
Readings: Sen. Ron Wyden (D-OR) Letter to John Brennan, CIA Director Nominee, on Targeted Killing of US Citizens Abroad
John Brennan, nominated by President Obama to become the next CIA director, will apparently face some tough questioning from Senator Ron Wyden (D-OR) at his Senate confirmation hearings (reportedly set f... -
The Merits of DOJ's Supplemental Brief in <em>Al Bahlul</em>
Yesterday, we posted the government's supplemental brief in the Al Bahlul military commission appeal in the D.C. -
On Secrecy in Habeas Cases: Opinion in Morafa
So begins this interesting opinion from the United States District Court for the District of Columbia, in a habeas case brought by Guantanamo detainee Mohammed Morafa: On a petition for a writ for habeas... -
The Government's Supplemental Brief in Al-Bahlul
...is available here. In a nutshell: Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicita... -
On the Availability of Material Support and Conspiracy Charges in Civilian Court for pre-2006 Conduct
In response to Charlie Savage's piece today concerning an interagency debate over whether to continue to argue for the viability of conspiracy and material support charges in the military commission syst... -
Treason, Murder, and Dicta: Judge McMahon on Drone Strikes
As Raffaela posted earlier, the government has won a substantial victory in the FOIA litigation in which the Times and the ACLU sought disclosure of information about CIA drone strikes, including the leg...
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