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There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence." (There's also excellent analysis over at Just Se...
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Apologies for Shameless Self-Promotion, but I wanted to mention an essay of mine that came out a couple of months ago as part of an excellent symposium on the work of Harvard Law School's comparative law...
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The Second Circuit has just released a redacted version of the OLC Drone Memo--here is the memo; here is the panel's full, revised April 21, 2014 decision with the memo appended at page 67.
You'll recal...
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As I read Ben’s, Jack’s, John’s Steve’s and Wells’s posts, I come away with the impression that there is unanimous agreement at Lawfare that Abu Khattala (a) cannot be sent to Guantánamo for further inte...
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The government seems to think not, judging by New York Times coverage I noted earlier this morning. Among other things, the Times piece discusses the executive branch's thinking about Abu Khattalla's det...
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I seem to have arrived late to the Abu Khattalla party. But I concur most emphatically that he should be tried in a stateside civilian court.
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It’s refreshing to find voices of reason in Ben’s, Jack’s, and John’s posts on the Abu Khattala capture.
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I want to pile on briefly to Jack’s and Ben’s support for prosecuting Ahmed Abu Khattala in federal court for violation of U.S. criminal laws.
I have pointed out for many years that civil liberties grou...
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I agree with Jack that military detention or trial by military commission are likely not available options for Ahmed Abu Khattala. But I'm hung up on a different point: Why are so many conservatives so m...
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Many have criticized the Obama administration’s plans to try the alleged leader of the Benghazi, Ahmed Abu Khattala, in civilian court. “Ahmed Abu Khattala should be held at Guantanamo as a potential en...
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I largely agree with Steve Vladeck's excellent post on Judge Richard Posner's decision yesterday in Daoud and Judge Ilana Rovner's concurrence in that decision.
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Paul already flagged yesterday’s Seventh Circuit decision in Daoud, in which the Court of Appeals reversed Judge Coleman’s headline-grabbing order—which had required the government to provide Daoud’s sec...