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A little while back I posted comments from Raha Wala (Human Rights First) concerning military commissions. Those comments have spurred the following response from John Dehn (West Point), which appears b...
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* United States v. Aldawsari (N.D. Tex. Feb.
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Yesterday I drew attention to a piece by Daphne Eviatar (Human Rights First) concerning the DRB process for screening detainees in Afghanistan, emphasizing the following passage:
Under international law,...
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In a short piece published at Politico on Monday, Daphne Eviatar (Human Rights First) made a rather bold claim concerning the Detention Review Board process in Afghanistan:
Under international law, a det...
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In a very interesting essay in the new National Interest, Eric Posner contends that the supposed threat of "lawfare" is much over-hyped. His concluding paragraph captures the broad outline of his argum...
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Habeas lawyer David Remes writes with the following comments in response to my post yesterday objecting to the Scalise Amendment:
You're right that Congress shouldn't bar Ambassador Dan Fried and his sta...
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Thanks to Steven Aftergood of Secrecy News for linking to these new CRS reports:
“Amendments to the Foreign Intelligence Surveillance Act Set to Expire February 28, 2011,” February 10, 2011 (note that la...
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Yesterday, I drew attention to the mindless House amendment designed to zero out funding for State Department efforts to resettle Guantanamo detainees. I have a proposed name for this amendment: The Let...
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House Republicans have seen the enemy, and it is Daniel Fried--the State Department special envoy who has been trotting around the globe for the last two years trying to persuade other countries to help ...
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The deadline for a notice of appeal of Judge Bates' ruling in Al Aulaqi came and went a few weeks back with no filing from the ACLU and the Center for Constitutional Rights.
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In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama.
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In a column today in the Washington Post, Marc Thiessen suggests that it's time for Obama to revitalize Guantanamo:
In fact, Obama administration is quietly beginning to ramp up operations at Guantanamo....
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As Ben notes below, Steve Vladeck objects to the Circuit's recent ruling in Hatim insofar as that decision suggests that the Circuit has held that detention may be predicated on provision of material sup...
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* Alsabri v. Obama (D.D.C. Feb.
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Steve Vladeck has this very interesting take on last week's Hatim decision.
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Counsel for the Kiyemba III petitioners, who filed a petition for certiorari with the Supreme Court a few months back, just filed their reply to the government's opposition brief.
Relatedly, one of the ...
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Today at Washington College of Law at American University, the Program on Law and Government and the National Institute of Military Justice are hosting an event called "The Guantanamo Detainees: What Nex...
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The Texas International Law Journal has now posted the rest of the videos from last week's symposium on the HPCR Air & Missile Warfare Manual. The links appear below, along with a brief discussion of is...
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The ACLU just released the following statement on today's Padilla decision:
In A Blow To The Rule Of Law, Court Dismisses Lawsuit To Hold Former Government Officials Accountable For Torture Of Jose Padi...
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Here is the transcript of the Padilla hearing, which resulted in today's opinion.