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Document: Pentagon Inadvertently Recorded Phone Calls Between John Doe and Attorneys
The government has filed a notice with the U.S. District Court for the District of Columbia in Doe v. Mattis, informing the court that phone calls between Doe and his attorneys were inadvertently recorde... -
Military Commissions Freeze Appeals in the 9/11 Case
On Wednesday, May 23, the U.S. Court of Military Commission Review (CMCR), the intermediate military appellate court responsible for reviewing military commission proceedings, announced that it currently... -
Document: Qassim Motions for En Banc Review of Habeas Denial
On Monday, Khalid Ahmed Qassim filed a motion for en banc review of Judge Thomas Hogan’s May 10 denial of a petition for habeas relief. -
Why Engage in Proxy War? A State’s Perspective
This is the first of a two-part series on proxy war. This first essay explains why states might engage in proxy war and the likely costs and problems. The second will examine the same issues from the pro... -
Last Week at the Military Commissions: The 9/11 Case is Back in Motion
The military commission in United States v. Khalid Sheikh Mohammed et al. (the “9/11 case”) reconvened for pretrial proceedings last week, meeting in open session on April 30, May 1, and May 3, in additi... -
The Four Problems With Judge Henderson’s Dissent in Doe v. Mattis
There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured... -
Document: Judge Hogan Denies Habeas in Qassim v. Trump
On Tuesday, Judge Thomas Hogan of the U.S. District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. Russell Spivak summarized the joint status report... -
Revisiting the Prosecution Option in Doe v. Mattis: Is the Real Aim Here to Secure a Citizenship Waiver?
Prosecuting John Doe seemed unviable at first. Things may be different now. -
Barring Transfer of John Doe Temporarily: An Overview of the Majority Ruling in Doe v. Mattis
What to make of the court's split decision. -
Document: D.C. Circuit Opinion on Transfer Injunction in Doe v. Mattis
The U.S. Court of Appeals for the D.C. Circuit has released its opinion affirming the lower court's injunction on the U.S. military's planned transfer of John Doe, a U.S. citizen held in military custody... -
The D.C. Circuit Affirms in Doe v. Mattis: No Transfer of a U.S. Citizen Detainee to Saudi Custody
On Monday, we learned that a divided panel of the U.S. Court of Appeals for the D.C. Circuit has sided with the ACLU on the question whether the U.S. government can involuntarily transfer John Doe, a dua... -
Document: D.C. Circuit Judgment on Transfer Injunction in Doe v. Mattis
The U.S. Court of Appeals for the D.C. Circuit affirmed Judge Tanya Chutkan's April 19 preliminary enjoining the transfer of John Doe in Doe v. Mattis. Judge Sri Srinivisan’s opinion for the court and Ju...
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