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Bobby has already noted that the administration's handling of the Warsame case would not have been possible had either the suspect set foot in Guantanamo Bay under current law or if pending congressional...
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As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri...
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This is, I think, a big deal. Hot on the heels of the fascinating testimony last week from Admiral McRaven and General Allen regarding disposition options for terrorism suspects captured overseas but out...
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Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues. One passage in the exchange struck me as particularly significant. Deb ...
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Deborah Pearlstein answers my question:
Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations,writes to ask whether my recent post favoring the Senate’s over...
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I was intrigued by this post from a few days ago by Deborah Pearlstein over at Opinio Juris. Entitled "Catching Up with the Senate on Detainee Matters," it concludes as follows:
the Senate bill is a subs...
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As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj...
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[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were...
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Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language:
From my standpoint as a Guantánamo habeas lawyer, the detainee tran...
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Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ...
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Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so). There were at least four major developments worth highlighting, most of them largely under the nat...
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My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a...