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Today the D.C. Circuit, in a per curiam decision accompanied by a concurrence from Judge Laurence Silberman, affirmed Judge Henry Kennedy's denial of habeas to petitioner Yasein Khasem Mohammad Esmail (C...
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Alejandro Manevich, a lawyer in Ontario and one of my oldest friends, writes in with the following:
I have an idea for your Lawfare contest. As a friendly amendment to Luis Dickson's proposal, might I s...
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Luis M. Dickson's truly heroic effort to chart a path by which the Obama administration could conceivably live under the law as articulated by the New York Times editorial board seems, alas, to have hit ...
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The first Lawfare contest--to come up "with a strategy for KSM that is both unambiguously lawful under [the law as stated in recent] New York Times editorials and politically conceivable on Planet Earth"...
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Yesterday, I wondered how the New York Times would treat Attorney General Holder's announcement of a military commission trial for the September 11 conspirators: "Will the Times praise Holder for respect...
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I am really--and I mean really--looking forward to the New York Times editorial on Holder's announcement.
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The Supreme Court today denied three pending petitions for certiorari: Al Odah v. Obama (No. 10-439), Awad v. Obama (No. 10-736), and Al Bihani v. Obama (No. 10-7814).
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I don't disagree with Eric Holder's complaint regarding the role Congress has played in tying the Executive Branch's hands with respect to bringing the 9/11 conspirators to trial. In fact, I strongly agr...
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The statement of Attorney General Holder appears below. The just-unsealed indictment from SDNY to which he refers is posted here, and the five-page nolle prosequi filing is here (more thoughts on all of...
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[Earlier today I posted what I thought was a newly-issued decision by Judge Hogan, dismissing as moot habeas claims by former GTMO detainees. However, this opinion was not issued on APril 1 THIS year, b...
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We've seen several reports that the Obama Administration is poised to announce, at a 2 P.M.
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Over at SCOTUSblog, Lyle Denniston takes note of the fact that the Supreme Court during last Friday’s conference had before it the cert. petitions for several GTMO-related cases.