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As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court's nine Justices are set to review at their Conference this Friday. I just thought I'd f...
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Not only are civil liberties groups opposed to the White House-endorsed cybersecurity bill, but they don't like the Republican-sponsored one that passed the H...
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As Bobby noted previously, Rep. Adam Smith and others are proposing amendments to this year's NDAA that would make certain changes to the detention-related provisions implemented by last year's NDAA. Am...
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An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed--a case that receives little attention, b...
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Writing at Foreign Policy, Chris Rogers of Open Society Foundations criticizes Afghanistan's plans for a non-criminal detention system (something occurring as part of the process of the U.S. turnover of ...
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A former Al Shabab military commander has turned out to be our kind of terrorist--he "has become a cooperating witness and is expected to testify for the United States government in a trial this summer i...
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Just in from the Congressional Research Service, this report compares the rights of defendants tried in military commissions to those tried in federal criminal court. Presumably because of the commenceme...
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Back in March, I posted a guest post by Haridimos Thravalos on the history of conspiracy prosecutions in military commissions.
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Bobby joined Charlie Savage and Jack Healy in querying here whether the U.S. Government might consider asking the Iraqis to extradite Lebanese national Ali Musa Daqduq to the United States.
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Whatever else one might say about Fourth Circuit Judge J. Harvie Wilkinson III, I think it's safe to describe him as one of the leading contemporary advocates of judicial restraint on the federal appella...
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A three-judge panel of the D.C. Circuit Court of Appeals has affirmed a District Court judgment in favor of the National Security Agency in a case brought by the Electronic Privacy Information Center und...
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Another man wearing an Afghan uniform opened fire on NATO troops today, killing one. Graham Bowley at the New York Times reports,
Josh Rogin at Foreign Policy has the scoop on the U.S.
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I've blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military...
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Peter Margulies of Roger Williams University School of Law writes in with the following summary of a recent Naval War College and Roger Williams workshop:
John Brennan’s recent speech on targeting away f...
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The case of Nashiri v. MacDonald has been dismissed. You may recall that Abd Al-Rahim Hussein Muhammed Al-Nashiri brought a suit against the military commissions Convening Authority, Bruce MacDonald in U...
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[UPDATE: If one looks at the draft NDAA provisions approved by the HASC Emerging Threats Subcomittee (Chairman Mac Thornberry, Hook 'Em), there is at section 942 a provision calling for quarterly reporti...
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A quick note updating readers on the progress of the draft NDAA FY'13: Chairman McKeon's bill passed HASC last night in the wee hours. Next stop: the floor, where we are likely to see, among other thin...
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I have now read the new Seton Hall report to which I linked earlier and I have to say: I am perplexed.
The report's thesis, in a nutshell, seems to boil down to two propositions: that the D.C. Circuit's...
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As the Senate prepares to take up cybersecurity legislation, NPR's Morning Edition has done a few more segments on it. Tom Gjelten discusses the briefing that has CEOs shivering in their boots, and this ...
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Here they are.