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The hearing begins again at 9:18. Judge Pohl enters and announces that he has held a meeting in chambers with counsel to discuss letters rogatory, which he will discuss on the record later. The other iss...
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Pardon the interruption from the wall-to-wall Nashiri coverage, but before it disappears too far into the past, I wanted to flag United States v. Ali--a case in which the Court of Appeals for the Armed F...
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The day’s final issue is a logistical one. In its motion AE56, the Government asks to take some depositions in Yemen. Judge Pohl has some hesitation here, and says as much. He nevertheless asks for clari...
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Yesterday’s speech by CIA General Counsel Stephen Preston has generated criticism from Deborah Pearlstein, on Opinio Juris.
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For more than a decade, the United States has asserted authority to detain without criminal charge in Afghanistan under color of the law of armed conflct (LOAC). Because for the bulk of this period that...
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The Afghanistan International Security Assistance Force (ISAF) reports that Gen. John R.
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I've gotten a number of interesting responses to my post from earlier today on Virginia's proposed law forbidding state cooperation with NDAA-related detention activity that might impact citizens.
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I've been doing my best to ignore to the hysterical, paranoid, delusional howls of rage on both the Right and the Left about the NDAA, but they are starting to reach critical mass in a way that one ignor...
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Prosecutors at the ICC have determined that they lack jurisdiction to investigate crimes allegedly committed in Gaza, reasoning that Palestine does not constitute a "state" for purposes of Article 12 of ...
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Transfer of the Detention Facility in Parwan (DFIP) from American to Afghan control has begun. The first step? Appointment of Maj. Gen.
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Will Polish judges have the occasion to weigh in on the legality of non-criminal detention of asserted al Qaeda members? Probably so. It appears that Polish prosecutors have brought charges against the...
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Last week, we brought you the first sets of filings in Moath Hamza Ahmed Al Alwi's petition for a writ of certiorari.