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Justice Department Response on GTMO Counsel Access
The Justice Department today filed its response to a motion, in which certain Guantanamo detainees had challenged the Department's attempt to regulate the detainees' access to their attorneys. -
Nashiri Litigation in the ECHR
Just noticed this: It seems that the Open Society Foundations has brought suit in the European Court of Human Rights against at least two Eastern European countries on behalf of suspected USS Cole bomber... -
Andrew Kent on Al Aulaqi and <em>Bivens</em>
I am normally pretty good about keeping up with my Lawfare-related email, but sometimes, an important emails slips through the cracks. Andrew Kent of Fordham Law School sent me this comment on my post on... -
Reply in Support of Permanent Injunction Filed in Hedges
The plaintiffs have filed their reply in support of their request for a permanent injunction in the case of Hedges v. Obama. -
On Continued Counsel Access at Gitmo and the Government's Filing
Wells posted yesterday the government's filing on the question of continued access to counsel for Guantanamo detainees who have lost their habeas cases. I have now read through the motion, and I have to ... -
Government's Response On GTMO Counsel Access
Apparently prompted by David Remes' motion regarding GTMO counsel access issues in Esmail [h/t Josh Gerstein at Politico], the government now has filed its own motion. I've only glanced at the new filin... -
Bivens and/as Immunity: Richard Klingler Responds on Al-Aulaqi--and I Reply
I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I'd post it in its entirety (below the fold) before replying (also belo... -
Supplemental Briefing on Bagram Jurisdiction
Following last week's motions hearing in Maqaleh and Hamidullah, the cases seeking habeas jurisdiction over the detention facility at Bagram, the petitioners in Maqaleh have filed a supplemental brief ar... -
Government Files Brief Opposing Permanent Injunction in Hedges
The government has filed its brief in opposition to the plantiffs' motion for a permanent injunction--and seeking dismissal of the case. -
The Al-Aulaqi Drone Strike: An "Act" of Attainder?
By now you've pored over last week's complaint in Al-Aulaqi et al v. -
My Thoughts on Al-Aulaqi and the Inversion of Bivens
Over at the ACSblog, I have a guest post up on Al-Aulaqi v. Panetta and Ben's suspicion that the lawsuit will go the way of Arar, Lebron, Doe, and Rasul--with courts holding that there should be no Biven... -
Eviatar on Whether the Courts Can Make an Armed Conflict Determination on Grounds Not Specifically Advanced by the Government
In response to my post contending that the United States is party to an armed conflict in Yemen pitting AQAP and the government of Yemen against one another, Daphne Eviatar of Human Rights First writes i...
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