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Some interesting terrorism-prosecution developments over the past few days that are worth noting.
United States v. Mohammed (S.D. Fla.) First, a pair of men (one leaving in Kenya, and the other--who hap...
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Monday's ruling in United States v.
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"Does it really matter, from a legal perspective, whether the U.S.
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Three Guantanamo detainees filed their opening brief yesterday in Aamer v. Obama. Shaker Aamer, Nabil Hadjarab and Ahmed Belbacha are appealing the D.C. District Court’s denial of their motions for a pre...
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Two developments in Hatim et al. v. Obama et al., the D.C. Circuit case regarding JTF-GTMO's detainee access procedures for defense counsel: one, the filing of additional briefing regarding the stay of a...
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The D.C. Circuit today scheduled oral argument in Aamer v. Obama, a Guantanamo hunger strike case. (The court recently refused to the petitioners' request for an emergency injunction against forced-feed...
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In one of the first lower court decisions since the Supreme Court's somewhat opaque decision in Kiobel in June, a court in the Northern District of Alabama last week dismissed a suit brought under the Al...
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Thanks to his "sur-reply", I finally understand the premise of Peter Margulies’s argument—and his amicus brief—in al Bahlul with regard to why the en banc D.C. Circuit can affirm Bahlul’s conspiracy conv...
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That's the essence of yesterday's order from the D.C. Circuit.
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There's a lot to say about Peter Margulies' reply to my and Kevin Heller's criticisms of the "former government officials'" amicus brief in al Bahlul--the military commission appeal currently pending bef...
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. . .
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In recent posts both on Lawfare and at Opinio Juris, Steve and Kevin Jon Heller (here and here) sharply critiqued the brief that Jim Schoettler and I filed on Thursday for Former