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A few years ago I wrote a paper about the cycle of detention law and policy over time in Iraq, and among other conclusions I observed that the sustainability of overseas, US-administered detention facili...
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While we’re not talking about Gen. David Petraeus’s dalliances in Headlines and Commentary, we will start with his testimony on Capitol Hill on Friday.
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In his post on Senator Rand Paul's proposal regarding citizens and the NDAA, Bobby highlights a recurring and important question: why is it so hard for ostensibly civil libertarian legislators explicitly...
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In papers filed Friday, the government renewed its request for a summary affirmance, and opposed an attempt by habeas petitioner Mohammed Rimi to remand his appeal to the district court.
Rimi was transf...
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Ben notes what appears to be a draft proposal from Senator Rand Paul to amend the NDAA so as to address situations involving American citizens captured inside the United States. While the context sugges...
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Further to my weekend Readings post noting David Cole's new SSRN paper, David dropped me a note, which I'm delighted to put up below. I think David is right in these comments; knowing he's expanding thi...
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The New York Times is running a Room for Debate feature entitled "Time to End Military Tribunals?" It reads a bit like a debate in which the participants are all going through the shadow-boxing motions--...
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A source sent me a copy of this email, apparently from Senator Rand Paul's office last week to Republican Senate legislative directors about a coming amendment by the senator to restrict military detenti...
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The government has advised the D.C. Circuit Court of Appeals that it may not have jurisdiction over a Guantanamo habeas appeal it is getting ready to hear. Last year, the government prevailed in the dist...
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No, you didn't read that wrong. And no, this isn't an episode of South Park.
The Center for Constitutional Rights and the Canadian Centre for International Justice have filed a complaint with the Geneva...
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Georgetown law professor David Cole has a new article up on SSRN, "Where Liberty Lies: Civil Society and Individual Rights after 9/11." It offers something of a retrospective on the role of civil societ...
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Chief Judge Lamberth has granted the government’s motion to dismiss a first amended habeas petition filed by a Pakistani citizen held at Bagram, following the Circuit’s decision in al Maqaleh (and the su...