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Two New Supreme Court Habeas Filings
On Monday, counsel for the habeas petitioners Farhi Saeed Bin Mohammed and Omar Khadr replied to the government's oppositions to their cert. petitions. The Khadr reply is short, and the Mohammed reply e... -
Peter Margulies on Uthman
Peter Margulies of Roger Williams University School of Law offers the following brief comment on yesterday's D.C. -
Updated GTMO Habeas Numbers
The recent decisions from the D.C. Circuit (the Mohammed dismissal and Uthman reversal), as well as some activity in the district court, meant an update to the habeas numbers was in order: - Uighur... -
Thoughts on Uthman
The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teac... -
D.C. Circuit Reverses Uthman
Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas p... -
D.C. Circuit Dismisses Mohammed Appeal
Today the D.C. Circuit granted the government's motion to dismiss as moot Farhi Saeed Bin Mohammed's Guantanamo habeas merits appeal. The government had appealed Judge Gladys Kessler's grant of Mohammed... -
The FBI's Miranda Memo: Some Thoughts
The major significance of the FBI's Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in ... -
Text of FBI Memorandum on Miranda
Charlie Savage of the New York Times has posted the text of the FBI's new guidance on Miranda. I'll post thoughts after I've had a chance to digest it. -
Interrogation, Miranda, and Invocations of the Rights to Silence and to Counsel: The FBI Guidance in Context
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... -
Wall Street Journal on New Miranda Rules
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... -
Appellee Brief Available in Khan v. Obama
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... -
Latif Oral Argument Summary
(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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