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Four Big Questions Heading into the <i>Hamdan</i> Argument
Wells and Larkin have a more comprehensive preview in the works for Thursday's oral argument before the D.C. Circuit in Hamdan v. United States, and I'd encourage folks to wait for their contribution to ... -
Why <i>Hamdan</i> Isn't Moot (and Why It Would Be Ironic To Conclude That It Is...)
I have a longer preview of Thursday's D.C. Circuit argument in Hamdan in the works, but wanted to jump in to offer a couple of quick thoughts on the (surprising) argument order issued by the panel today ... -
Per Curiam Order in Hamdan Regarding Oral Argument & Mootness
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Thoughts on Latif #6--The Decision (Partially) Unmasked
I have written extensively on the D.C. -
Less-Redacted Latif
The D.C. Circuit has released a less-redacted version of its Latif opinion. I haven't read it yet, but the D.C. Circuit Review web site has and notes that the new version offers significantly more inform... -
District Court Judgment in Alsabri Affirmed
The D.C. Circuit Court has affirmed the judgment of the District Court in Alsabri v. Obama. -
Bahlul Submits Petition for Hearing En Banc in D.C. Circuit
A few weeks back we noted that Ali Hamza Ahmad al Bahlul filed his petitioner brief in the D.C. Circuit Court in his appeal from the military commission's judgment and sentence against him. Now comes his... -
Defense Counsel File Motions Closed-Door Military Commission Proceedings
Defense counsel for the five alleged 9/11 co-conspirators have filed several motions challenging the closed-door nature of some military commission proceedings. Although the filings haven't been releas... -
Obaydullah Oral Argument Summary
This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences: (1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ... -
Oral Argument Preview: Obaydullah v. Obama
Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that's still moving in the lower courts. There was a time, not ... -
Debating the Qualified Immunity Ruling in Hamad: Hafetz Responds and I Reply
Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom. Jonathan write... -
David Cole and Peter Margulies: An Exchange on Tarek Mehanna
David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent.
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