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Tahawwur Hussain Rana was convicted of providing support to Lashkar e-Taiba (18 USC 2339B) and conspiring to provide support to a group planning to commit murder in Denmark, but was acquitted of conspiri...
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By now every major media outlet has written an article about the Supreme Court's denial of cert to several Guantanamo detainees.
And lots have written about the special prosecutors appointed to investig...
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Yesterday's news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circu...
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Ben asks: "What are the specific 'requirements' the Supreme Court laid out in Boumediene or Hamdi that the D.C. Circuit has refused to honor such that habeas review is not 'meaningful' within the meaning...
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I almost wrote into my post earlier today that while I agreed with Steve's point that Boumediene remained consequential, I suspected he would not agree with the one I was making. I refrained, but it turn...
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I'm pleased to see that Ben largely agrees with my reaction to the Guantanamo cert. denials. But Ben goes on to rehash a point he has made before about the meaning of "meaningful" habeas review--and with...
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A correspondent who prefers to remain anonymous point out the following irony. In my recent post on Dan Klaidman's book, I quoted the following passage:
The discussion continued for close to two hours, w...
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Being in a time zone very far from home, I am late to the discussion of the cert denials in the Guantanamo cases. I have only one thought to offer beyond what Steve said earlier--with which I almost enti...
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Lots of news to kick start your week.
John Fabian Witt of Yale Law School wrote in yesterday's New York Times about the need to answer the question of whether the United States is actually at war. Says ...
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As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo "merits" habeas cases (i.e., cases where the central issue goes to whe...
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That's the outcome of orders from the Supreme Court today, an across-the-board denial of review in seven Guantanamo habeas cases: Latif, Al-Bihani, Uthman, Almerfedi, Al-Kandari, Al-Madhwani, and Al-Alwi...
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Paul makes a good point that digital technology and data analytics make it easier for the government to track journalists’ movements and ascertain the persons in government with whom they communicate. C...
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Jack has already posted, while I was in transit, Dan Klaidman's account of the White House's sponsoring of leaks in connection with the Baitullah Mehsud drone strike. The full account reads as follows:
W...
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Andy McCarthy has an interesting post on the just-opened leak investigations. He garners more reasons than I did to think that many of the recent high-profile leaks – not just on drones, but also on the...
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This is kind of related to national security: Ben, who is a black belt in taekwondo and training for his second-degree test, breaks five boards:
Ouch.
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Memo to Eric Holder and President Obama: Next time you decide to break big news on a Friday afternoon, can you please check with me to make sure I'm not getting on a 24 hour flight first? It seemed like ...
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One item in Jack's post on the upcoming leak investigations caught my eye -- he noted that "It is hard to discover leakers without access to journalists’ testimony or notes (which are hard to obtain)."
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The scope of the leak investigations announced by Attorney General Holder yesterday remains unclear. Holder appointed U.S.
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Here is his statement:
“Today, I assigned U.S. Attorney for the District of Columbia Ronald C. Machen Jr. and U.S. Attorney for the District of Maryland Rod J.
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President Obama, today, on the possibility of leaks from the White House:
The notion that the White House would purposely release classified national security information is offensive, it's wrong, and pe...