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Speaking of Al Warafi, I promised after the oral argument a few weeks back that I would reality-check my summary of the argument on a key point against the transcript of the argument when one became avai...
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Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I in...
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Daphne Eviatar and I have an interesting exchange underway, one that I think nicely illustrates some of the key points of legal disagreement that underly the detention debate (such as whether the ICCPR a...
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On Saturday, March 5 at 1:00 pm, I will be speaking about Detention and Denial at Politics and Prose in Washington D.C. The event announcement is available here. Readings at Politics and Prose have a spe...
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The Economist has run a thoughtful and interesting column on my idea that President Obama should embrace Guantanamo. The column contains a few factual errors. It attributes this argument to my book, Dete...
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* United States v. Aldawsari (N.D. Tex. Feb.
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Yesterday I drew attention to a piece by Daphne Eviatar (Human Rights First) concerning the DRB process for screening detainees in Afghanistan, emphasizing the following passage:
Under international law,...
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In a short piece published at Politico on Monday, Daphne Eviatar (Human Rights First) made a rather bold claim concerning the Detention Review Board process in Afghanistan:
Under international law, a det...
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Habeas lawyer David Remes writes with the following comments in response to my post yesterday objecting to the Scalise Amendment:
You're right that Congress shouldn't bar Ambassador Dan Fried and his sta...
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Yesterday, I drew attention to the mindless House amendment designed to zero out funding for State Department efforts to resettle Guantanamo detainees. I have a proposed name for this amendment: The Let...
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House Republicans have seen the enemy, and it is Daniel Fried--the State Department special envoy who has been trotting around the globe for the last two years trying to persuade other countries to help ...
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In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama.