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This past Sunday, police in Birmingham, England, made a series of arrests in connection with a "homegrown-but-trained-abroad" terrorism plot. Irfan Nasser and Irfan Khalid allegedly traveled to Pakistan...
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In the federal case brought by Judicial Watch in May to release photos depicting Osama bin Laden's death, the federal government has filed several documents in support of its argument against release. Jo...
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Raffaela linked earlier today to the Weekly Standard article in which the new military commissions chief prosecutor, Brig. General Mark Martins, announced some important new steps towards transparency in...
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Let's start with some big military commissions news. Mark Martins, the new Chief Prosecutor for Military Commissions has proposed that Guantanamo cases be broadcast on a 40-second delay to sites in the U...
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And a rather snazzy-looking one at that. It's called Intercross and its first post, by Simon Schorno, says it is about "the plight of children, women and men affected by armed conflict and armed violence...
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Charlie Savage of the New York Times has a long essay, available on Amazon (for 99 cents), called Power Wars: Unmasking National Security Legal Policy Deliberations Under Bush & Obama. The essay is adap...
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The government has moved the Seventh Circuit Court of Appeals to rehear en banc the Vance case, which last month allowed a suit to proceed against former Defense Secretary Donald Rumsfeld by U.S. citizen...
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I have written previously about the pros and cons of the military commission option for Ali Mussa Daqduq, a member of Hezbollah whom we have been holding in military custody in Iraq for some period based...
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An update on the Suleiman case: on Friday, the government filed this letter, which sought to clarify the government's views of three issues that were raised at oral argument on September 16.
First and m...
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A Second Circuit panel has affirmed, in United States v.Kassar (2d Cir. Sep. 21, 2011), the conviction of three defendants who were convicted on charges stemming from a sting operation involving a faux e...
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Uthman Abdul Rahim Mohammed Uthman, a Guantanamo habeas petitioner, has filed a cert petition, asking the Supreme Court to review the D.C. Circuit's March decision in his case. The cert petition presents...
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Speaking of OFAC's process for sanctions designations, the 9th Circuit has just ruled against it in a case involving the constitutionality of its designation process, though it also held that the designa...
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I had not realized till today that the State Department has not yet gotten around to designated the Haqqani Network to be a Foreign Terrorist Organization (see the current list here). Such a designation...
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It comes in the case of Abdah and is available here, posing the following question:
Whether, in a habeas corpus action, a Guantánamo detainee has a right to challenge his transfer to a
foreign country on...
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Yesterday, the Fourth Circuit announced decisions in Al Shimari v. CACI International and Al-Quraishi v. L-3 Services, Inc. Both cases involved tort suits brought by Iraqi civilians against U.S. military...
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Admiral Mullen, who will soon step down as CJCS, offered the following blunt language in his prepared testimony before the Senate Armed Services Committee this morning:
Extremist organizations serving a...
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At Best Defense, Tom Ricks takes note of recent comments from Senator Graham relating to clashes between the TJAGs and DOD-OGC during the Bush Administration, and then asks:
Is it time for a military jou...
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A drone attack in southern Yemen has killed 10 al Qaeda suspects, reports the AFP. Greg Miller at the Washington Post reflects on lessons learned as the U.S. moves to build secret drone bases in Yemen an...
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Adding to the flurry of recent Alien Tort Statute appellate decisions, on Monday the Fourth Circuit issued its opinion in Aziz v.
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Those who enjoyed my two recent posts reflecting on Benjamin Franklin's and Robert Jackson's comments on the liberty-security relationship, may enjoy the larger piece of work from which those posts were ...