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Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court's dismissal of a B...
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I'm afraid I owe Lawfare readers an apology. Because of a calendar foul-up, I missed yesterday's D.C. Circuit argument in Alsabri v. Obama, a Guantanamo habeas case--nor did I write an oral argument prev...
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Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli...
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Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ...
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May God bless their little souls. The poor dears really are trying. The New York Times editorial page has now corrected its correction.
This is getting meta, and this post will be incomprehensible to th...
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The defense in United States v.
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The latest public development in the long-running fight over the detention provisions in the National Defense Authorization Act occurred last Friday when a group of 13 Senate Democrats (all the Democrats...
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An interesting story in the Post this weekend draws attention to the fact that about 7,000 detainees currently are held without criminal charge in various locations throughout Libya, and with varying deg...
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Over at the Volokh Conspiracy, Kenneth Anderson writes of my post yesterday, "What should most concern the Times are the couple of emails I’ve received from several eminent professors, smart and intellec...
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I awoke this morning to a genuine marvel: An actual real-live correction to a New York Times editorial on a national security issue. It reads as follows:
This article has been revised to reflect the foll...
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The invaluable Josh Gerstein of the Politico offers these important pieces of the legislative politics puzzle surrounding the Kelly Ayotte amendment, which I wrote about here and here:
The vote, taken ju...
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As you probably have heard already, negotiations to extend the U.S.