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Amid the debate about how legally to handle the Boston Marathon bomber and the President's recent remarks about closing Guantanamo, Ahmed Ghailani's appeal was argued today in the Second Circuit. As the...
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From Harold Koh's speech to the Oxford Union yesterday:
A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and...
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Hmmmm.
From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chi...
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Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L...
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As Andrew Rosenthal noted in yesterday's New York Times, things seem to be heating up in Congress with respect to whether--and to what extent--the September 2001 Authorization for Use of Military Force (...
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Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?" His remarks begin as follows:
Thank you, Mr. President and Members...
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We've written a fair amount already about Chief Judge Lamberth's September 2012 decision regarding the Guantánamo detainees' continuing right of access to counsel (not to mention his March 2013 decision ...
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I have been fretting for the last few weeks about the amount of misinformation that has been floating around the press coverage---and particularly the commentary---of the Guantanamo hunger strikes. But I...
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As Raff noted last week, the lawyers for the defendant-appellant in United States v. al-Bahlul--the military commission case in which the D.C.
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What is happening in Mali to people who are captured rather than killed by French, Chadian, or Malian forces? I asked this in February, but so far as I know the question remains unanswered in the public...
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I confess myself mystified by President Obama's comments about Guantanamo this morning. Here is what the President said---with the parts I find confusing bolded:
QUESTION: Mr. President, as you're probab...
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Earlier this morning, President Obama conducted a news conference. The questions touched on, among other things, the closure of the detention facility at Guantanamo Bay, and the detainees' ongoing hunge...