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Supplemental Briefing on Bagram Jurisdiction
Following last week's motions hearing in Maqaleh and Hamidullah, the cases seeking habeas jurisdiction over the detention facility at Bagram, the petitioners in Maqaleh have filed a supplemental brief ar... -
Government Files Brief Opposing Permanent Injunction in Hedges
The government has filed its brief in opposition to the plantiffs' motion for a permanent injunction--and seeking dismissal of the case. -
Federalist Society Teleforum on Clapper v. Amnesty Int'l
This Friday, I'll be joining Benjamin Powell from WilmerHale (and formerly, inter alia, the General Counsel of the Office of the Director of National Intelligence) for a Federalist Society teleforum on C... -
Today's Headlines and Commentary
The Washington Post has more on who was behind the deadly attacks in Iraq and what they mean for country's stability. Reuters reports that five female detainees linked to Al Qaeda have been released by ... -
Majority Leader Reid on Cybersecurity
Senate Majority Leader Reid spoke on the Senate floor earlier today explaining why the Senate needed to consider cybersecurity legislation as an urgent matter and, in particular, why he would prioritize ... -
The Fundamental Transformation in the Law, Morality and Politics of War: Individuating The Responsibility of “Enemies”
I will soon be posting on SSRN, with my co-author Sam Issacharoff, a draft academic article that offers a broad, integrated conceptual and legal framework for understanding specific counterterrorism lega... -
One More Small Adjustment to the Schedule in the 9/11 Case
Judge James Pohl has tweaked the calendar in United States v. -
Australia Drops Book Proceeds Action Against David Hicks
Today, Australia's government formally abandoned its lawsuit to prevent David Hicks---the first defendant ever to plead guilty to military commission charges---from profiting from the sale of his book, G... -
Readings: Clausewitz for Kids
The other day, Wells drew my attention to what could be the single most excellently eccentric national security-oriented project currently ongoing on the web: It is called Clausewitz for Kids. I am appar... -
The Al-Aulaqi Drone Strike: An "Act" of Attainder?
By now you've pored over last week's complaint in Al-Aulaqi et al v. -
This is Going to be a Tough Sell -- Republican Cybersecurity Reaction
As we have all noted, Senators Lieberman and Collins have proposed a revised version of their cybersecurity legislation. They've touted it as a compromise bill that moves closer to the middle and addres... -
My Thoughts on Al-Aulaqi and the Inversion of Bivens
Over at the ACSblog, I have a guest post up on Al-Aulaqi v. Panetta and Ben's suspicion that the lawsuit will go the way of Arar, Lebron, Doe, and Rasul--with courts holding that there should be no Biven...
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