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Commentary on Bond
Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosenkranz and Ilya Somin, and Jean Galbraith and -
Today's Headlines and Commentary
Lots of discussion in the wake of the weekend’s freeing of Sgt Bowe Begdhal in exchange for the transfer of five Afghan Guantanamo detainees. Ben has outlined his thoughts on the matter, while Jack has f... -
Military Commission Charges Approved Against Abd Al Hadi Al-Iraqi
The Convening Authority's sign-off came yesterday, and now allows the Guantanamo case to proceed to arraignment. There are five charges in all---including denying quarter, attacking protected property, ... -
Interesting Poll Data on Attitudes Toward Snowden
From NBC News. -
Two Great Essays on Glenn Greenwald's New Book
The first is by George Packer, writing in Prospect: Some of the instances are more subtle than others, but spread over the several hundred pages of this book, they reveal a mind that has liberated itsel... -
Another PRB, Another Detainee Cleared for Transfer
This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week: The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer... -
One or Two Other Statutes the President Likely Disregarded in The Bergdahl Deal [UPDATED]
Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl. The President probably disregarded another statute... -
Thoughts on the Bergdahl-for-Taliban Trade
What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it... -
Mike Lewis on the Lack of an IHL Transparency Requirement for Drone Strikes
Professor Mike Lewis (Ohio Northern University's Pettit College of Law) writes in with the following guest post: There Is No Transparency Requirement for Drone Operations -
The President Pretty Clearly Disregarded a Congressional Statute in Swapping GTMO Detainees for Bergdahl
Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds. Section 1035 of the 2014 NDAA authorizes the Def... -
Bond v. United States Decided
Here's the long-awaited ruling. It concludes, in short, that a federal statute implementing a treaty prohibition against chemical weapons does not reach the conduct of petitioner Carol Anne Bond. The C... -
Critical Comments by Rahul Sagar on My Post on Kinsley
Rahul Sagar is Associate Professor at Yale NUS and the author of the terrific and timely Secrets and Leaks: The Dilemma of State Secrecy (reviewed favorably by Steven Aftergood on Lawfare and Eric Posner...
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