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I don't think today's Ninth Circuit decision throwing out Jose Padilla's damages suit against John Yoo is particularly surprising--notwithstanding the typical (albeit utterly and alarmingly inaccurate) t...
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The 9th Circuit Court of Appeals has reversed a district court decision allowing Jose Padilla to sue John Yoo. Writing for a unanimous panel consisting of himself, 9th Circuit Judge N. Randy Smith, and R...
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The government's opposition to cert in Latif is now public. The government argues that "The decision of the Court of Appeals is correct and does not conflict with any decision of this Court or any other ...
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This is an interesting issue I have not yet seen before in a Guantanamo habeas case. Some time back, a detainee named Abdu Al-Qader Hussain Al-Mudafari filed a motion to dismiss his habeas petition witho...
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My Brookings colleague Daniel Byman and I have a paper out on the Brookings web site on terrorism as an issue in the 2012 presidential campaign. The paper is high-altitude and not chiefly about law. It i...
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A storm of press on the President's visit to Afghanistan yesterday, where he signed a strategic partnership with Afghan President Hamid Karzai outlining relations between the two countries after American...
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Back in March (so, well before John Brennan's new remarks on the issue), my friend and colleague Mike Lewis from Ohio Northern and I participated in a "teleforum" debate for the Federalist Society on the...
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Over at Opinio Juris, Gabor Rona of Human Rights First offers an extended critique of John Brennan’s speech on the use of lethal force. It is an interesting and provocative post, leading me to share a f...
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Peter Baker has a post on the NYT’s page that marks the similarities between the just-announced sole executive agreement negotiated with Afghanistan with the one the Bush administration negotiated in Ira...
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In his book Takeover, Charlie Savage analyzed a draft speech by Richard Cheney for a 1989 Conference at AEI that Cheney never delivered because he was nominated to be Secretary of Defense. Charlie has n...
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In connection with my post this morning on the Brennan speech and the ACLU FOIA litigation, Jameel Jaffer – who heads up the ACLU’s National Security Project – had this op-ed on the FOIA litigation (with...
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Wells and Larkin have a more comprehensive preview in the works for Thursday's oral argument before the D.C. Circuit in Hamdan v. United States, and I'd encourage folks to wait for their contribution to ...
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Lots of coverage of John Brennan's speech.
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In the 9/11 military commission case, counsel for Mustafa al Hawsawi has filed a motion to dismiss, which was joined by all of his co-defendants in the trial.
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Very glad to have joined the Lawfare team. I look forward to more sustained blogging once the spring grading season is over. For now, I'll offer just a quick thought on the speech John Brennan delivere...
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Military Commissions Chief Prosecutor Mark Martins is, at this hour, giving a speech for Law Day at the National Security Agency. Here's the prepared text, which includes a reference to a paper of mine--...
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John Brennan's speech yesterday was important for at least three reasons: (1) it marked the first official White House acknowledgment that “the United States Government conducts targeted strikes against ...
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I have a longer preview of Thursday's D.C. Circuit argument in Hamdan in the works, but wanted to jump in to offer a couple of quick thoughts on the (surprising) argument order issued by the panel today ...
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The one-year anniversary last week of Osama bin Laden's death generated enough stories of interest that I thought the occasion deserves its own post, separate from Today's Headlines and Commentary.
Pres...
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