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The recent decisions from the D.C. Circuit (the Mohammed dismissal and Uthman reversal), as well as some activity in the district court, meant an update to the habeas numbers was in order:
- Uighur...
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The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teac...
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In a post this morning at Balkinization, Mark Tushnet argues that President Obama need not seek Congressional approval for U.S. participation in the Libyan Civil War because this armed conflict is not a ...
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Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas p...
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President Obama’s speech was a full-throated defense of his deployment of U.S.
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Today the D.C. Circuit granted the government's motion to dismiss as moot Farhi Saeed Bin Mohammed's Guantanamo habeas merits appeal.
The government had appealed Judge Gladys Kessler's grant of Mohammed...
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Koh said the intervention is legal under UNSCR 1973, and that the administration had complied with the WPR.
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My partner in the Comment OR Vote campaign, Jonathan Rauch, has this column today in The Daily.
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Back in December, we announced the Lawfare Official Advertising for Charity program, the LOAC Fund as we jokingly named it. The idea was to create a revenue stream through advertising on the blog for two...
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The major significance of the FBI's Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in ...
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Charlie Savage of the New York Times has posted the text of the FBI's new guidance on Miranda. I'll post thoughts after I've had a chance to digest it.
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In the last few days several smart people have disagreed with my argument in favor of the constitutionality of the Libya intervention. This is a perennial debate that arises every time the President thr...
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The other day, Bobby posted a link to the the Second Circuit’s recent decision in Amnesty International v.
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A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating.
There is a tendency in this debate to conflate rules of evid...
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Courtesy of the invaluable Secrecy News:
No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress
Declarations of War and Authorizations for the Use of Military Force: Historical Bac...
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Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni...
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Critics are starting to swarm around the Obama administration’s increasingly unintuitive claim – in the sixth day of what the New York Times now describes as “ferocious” air strikes on ground forces, tan...
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Yesterday the public version of the government's response brief in Khan v. Obama (No. 10-5306), a Guantanamo habeas case currently pending before the D.C. Circuit, became available. In this case, petitio...
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The Washington Post has an interesting editorial today largely in support of Senator Lindsey Graham's new habeas bill. Like me, the Post expresses sympathy for Graham's basic project, and objects to the ...
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As Scott Shane reported in today's New York Times, the panel of independent psychiatric experts who reviewed the behavioral health history of Dr. Bruce E. Ivins--the person believed to be responsible for...