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Thoughts on Today’s Important Drone FOIA Oral Argument in DC Circuit
Today the D.C. Circuit will hear oral argument concerning the ACLU’s FOIA request to the CIA for records related to the government’s program of targeted killing via “drones.” Cutting through the statuto... -
More on "Substantial Support", "Material Support," LOAC, and the First Amendment
I'd like to expand on Ben's post below in relation to Hedges and the First Amendment, focusing on the "material support"/"substantial support" issue. (I'm having to write quickly, so please excuse any t... -
Is the NDAA Vague or Overbroad?
The other day, in response to Raha Wala’s comments on Hedges, I promised to address the First Amendment question at the heart of Judge Forrest’s ruling---a promise that seems to have excited David Remes.... -
Appellant's Brief in Nashiri v. MacDonald
Remember Nashiri v. MacDonald? That's the civil lawsuit that Abd Al-Rahim Hussein Muhammed Al-Nashiri, a defendant in a military commission case at Guantanamo, brought against Bruce MacDonald, the commi... -
What <i>Hedges</i> Could Have Said...
Based on the voluminous media and blog coverage of last week's decision in Hedges v. Obama, in which Judge Forrest permanently enjoined at least part of the detention provision of the FY2012 NDAA [sectio... -
Stay You, Stay Me: CA2 Enters Interim Stay Order in Hedges
Circuit judge Raymond Lohier has granted the Justice Department's request for an interim stay of the permanent injunction in Hedges, pending the Second Circuit's consideration of the government's motion ... -
Rehearing Petition in Obaydullah
Obaydullah, a Guantanamo detainee, today asked the D.C. Circuit to take up his case once more. A three judge panel of that court earlier affirmed the denial of Obaydullah's petition for a writ of habeas... -
Staying on Top of the Stay in Hedges
More on the government's ongoing effort to stay the district court's entry of permanent injunctive relief in Hedges v. Obama: it appears that the government's initial motion before Judge Forrest was for ... -
U.S. Files Suggestion of Immunity for Former Mexican President Zedillo
On September 7, the Justice Department filed a Suggestion of Immunity on behalf of former Mexican President Ernesto Zedillo in a suit against Zedillo under the Alien Tort Statute and Torture Victim Prote... -
DOJ to SDNY: Stay Hedges Pending Appeal. SDNY: Nope.
That's the read out from yesterday, in the Hedges case. Here's the government's interim request to Judge Forrest, to stay her permanent injunction during the government's appeal to the Second Circuit. -
David Remes on <em>Hedges</em>
David Remes---who, in addition to representing several Guantanamo detainees, is a member of the plaintiffs' legal team in Hedges v. Obama---sent in this note yesterday: The debate on this blog about Jud... -
Raha Wala on <em>Hedges</em>---And My Response
Raha Wala of Human Rights First writes in with the following response to my comments on Hedges. My thoughts follow his critique and very-cautious defense of Judge Forrest: Ben’s post on Judge Forrest’s o...
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