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Back in June, I wrote a fairly lengthy post analyzing the ability of detainees in U.S. custody facing extradition or other involuntary transfer to a foreign sovereign to challenge their transfer pursuant...
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Writing at the New York Times web site, Eric Lewis of Lewis Baach, describes a human rights agenda for the Obama administration's second term:
First, he must release certain Guantánamo detainees, who hav...
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I was struck by this report of a recent oral argument in the 2nd Circuit involving a terrorism prosecution. The defendant (and his co-conspirators) were convicted of having plotted to blow up a synagogu...
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A sharply-divide en banc Seventh Circuit Court of Appeals has handed down its opinion in Vance v. Rumsefeld, reversing a panel decision to allow a suit by American citizens alleging detention and torture...
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The government has filed its its opening brief in the Second Circuit Hedges appeal. The introduction reads:
This suit is brought by a handful of journalists and activists who, based on their stated activ...
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I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...
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Andrew Kent of Fordham University School of Law has a challenging new essay out on whether Boumediene rights expire--arguing provocatively that they do, notwithstanding government concessions in habeas l...
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[Update (11:41 a.m.
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Does anyone have any idea what this is about?
In March 2011, the government made classified filings in 10 cases involving high-value detainees. The filings have never become public, and I have been wond...
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The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we ...
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Thanks to an unexpected pair of days off, I've finally had the chance to review Judge Bates's October 19 rulings in Al-Maqaleh v. Gates ["Al-Maqaleh II"] and Hamidullah v. Obama. As readers know, these a...
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The official word from Guantanamo: our motions hearing has been cancelled on account of Hurricane Sandy. We'll have an update once we know more about future sessions.