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Abdul-Rahman Suleiman's petition for rehearing en banc in the D.C. Circuit Court of Appeals has been denied, as has his petition for rehearing.
Read our prior coverage here.
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The Washington Post's Greg Sargent poses an interesting question: If elected, does Mitt Romney intend to revoke President Obama's January 22, 2009 executive order on interrogation?
The order largely re...
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The ACLU has filed a motion for public access to the 9/11 trial in Guantanamo, says Carol Rosenberg at the Miami Herald.
Lest you were wondering what Donald Rumsfeld thinks of the decision to kill Osama...
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Last week we mentioned that the D.C. Circuit Court had affirmed the District Court's decision in Mashur Abdullah Muqbel Alsabri's habeas corpus case. It looked as though the Court was holding off on publ...
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Susan Landau is currently a visiting scholar at Harvard's Computer Science Department, formerly a Distinguished Engineer at Sun Microsystems, and the author of Surveillance or Security? The Risks Posed b...
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Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear ar...
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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.