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I have an op-ed on that topic, in today’s Washington Post, summarizing themes I have articulated on this blog. The essence of the argument:
The first problem with going after Assange is that the effort ...
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After receiving both parties' responses to its order from last week to show cause why a certain district court order from the Hatim case should not be unsealed, today the D.C.
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Earlier today, General Mark Martins participated (by teleconference) in a press conference in order to bring folks up to speed on the Rule of Law-Field Force's (ROLFF) latest activities in Afghanistan (f...
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Today the D.C. Circuit issued its disposition of (Tofiq) Al Bihani v. Obama (Case No. 10-5352) with an order granting the parties' joint motion for summary affirmance. The parties had agreed in their mo...
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Last week, Under Secretary of the Army Joseph Westphal gave a speech at the University of Utah’s Hinckley Institute of Politics on the subject of “The Impact of Education on the Armed Forces in the 21st ...
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Yesterday the government filed its opposition to the Kiyemba III petition for certiorari.
We mentioned Kiyemba III in this post a few months back, and discussed briefly the question in what was then a n...
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Tomorrow morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in another Guantanamo habeas case, that of Uthman Abdul Rahim Mohammed Uthman (Case No. 10-5235). The case, captioned un...
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Chapter 40 (“Law in a Time of War”) of Donald Rumsfeld’s new book, Known and Unknown, will be of special interest to Lawfare readers. In it, Rumsfeld discusses his views on “lawfare,” the origins and tr...
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Today the final public merits brief became available in the D.C. Circuit case of Abdah v. Obama (No. 10-5319). The petitioner in this case is Adnan Farhan Abd Al Latif, who won his case before Judge Hen...
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The Harvard people have kindly put up a video of the National Security and Law Association/National Security Journal event from 4 February. The event was called "Understanding Detention and Predicting Pr...
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The Wall Street Journal is reporting that federal investigators “have been unable to uncover evidence that WikiLeaks founder Julian Assange induced an Army private to leak government documents to his web...
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Over at the Volokh Conspiracy, Kenneth Anderson, his tongue planted firmly in his cheek, offers a modest proposal for the United States government as to how it should handle Al Warafi's claims to be medi...
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The letter filed today with the D.C. Circuit by Al Warafi's attorney, which Larkin noted earlier, appears to be a response to my earlier post on the argument. This is not explicit in Roger A.
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Following yesterday's oral argument in Al Warafi v. Obama, today petitioner's counsel filed a letter with the D.C. Circuit to clarify the petitioner's position on an issue that came up during questioning...
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As Ben highlights in his summary of yesterday’s Al Warafi oral argument, a key issue for the D.C. Circuit in this case is the meaning of the district court’s finding that Al Warafi served as a medic with...
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Those Lawfare readers who do not use social networking sites should ignore this post.
For those, however, who do use Facebook and Twitter, I am writing to ask that you take modest steps using those site...
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Aaron Zelin, who runs the Jihadology site, writes in with the following information by way of verifying the authenticity of the Taliban's statement on the death of Awal Gul:
I noticed that you recently p...
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An important order in Khalfih v. Obama snuck under our radar last week. It is a dismissal order in a Guantanamo merits case, granted on the petitioner's motion.
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In January I wrote a short piece for Foreign Policy arguing that the current military commission system is much less problematic than some critics claim though also not the ideal solution some perceive i...
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Lawfare readers, let my devotion to you never be questioned. To bring you this here summary of today's oral argument in Mahktar Al-Warafi v. Barack Obama, I have had to engage in a mortification of the f...