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A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating.
There is a tendency in this debate to conflate rules of evid...
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Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni...
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Yesterday the public version of the government's response brief in Khan v. Obama (No. 10-5306), a Guantanamo habeas case currently pending before the D.C. Circuit, became available. In this case, petitio...
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(By Benjamin Wittes and Larkin Reynolds) This summary is going to be short--short and obscure. The reason is that Judge Karen LeCraft Henderson opened today's arguments by announcing that almost none of ...
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Tomorrow morning, the D.C. Circuit Court of Appeals will hear arguments in Abdah v. Barack Obama (Al Latif) (No. 10-5319). The argument is slated to proceed before Judges Karen LeCraft Henderson, David T...
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Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v.
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(By Benjamin Wittes and Larkin Reynolds)
The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt...
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Over the last week, the Department of Justice has been busy filing responses to several of the Guantánamo detainees’ cert. petitions: It has submitted four briefs to the Supreme Court in the span of just...
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This afternoon the D.C. Circuit responded to the government's request for a temporary stay in Almerfedi v. Obama by granting the motion.
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As expected, today the government did appeal to the D.C. Circuit Judge Friedman's decision to deny its motion for a stay pending the merits appeal of Almerfedi v. Obama. The government wrote in its emerg...
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On Thursday morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in the latest in a long string of habeas appeals to make their way up the appellate chain: Masaab Al-Madhwani v. Bara...
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More happened in Almerfedi v. Obama last week than just the release of the final public merits brief. Yesterday Judge Friedman denied the government's motion for a stay of the district court's order pend...