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The Mehanna Prosecution and the First Amendment
An important case gets underway tomorrow in Boston: the civilian criminal prosecution of Tarek Mehanna, charged with an array of offenses stemming from allegations that he traveled to Yemen in 2004 in an... -
Lawfare Traffic Report
For those who care about this site's traffic data (people ask me about it sometimes): According to Google Analytics, yesterday was the highest-traffic day in the history of Lawfare--with nearly 10,400 pe... -
Today's Headlines and Commentary
Happy 10th birthday to the Patriot Act! Carrie Johnson at NPR celebrates the big day with a look at the the still-controversial legislation and an interview with Nicholas Merrill, who challenged a gag or... -
Oral Argument Preview in Lebron v. Rumsfeld (Padilla's Bivens Suit)
Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court's dismissal of a B... -
Scott Horton on the “Pyrrhic” Victory Over Gaddafi [UPDATED]
Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory. From the domestic law perspective, Horton maint... -
UK Green Paper on Justice and Security
The British government released a green paper on justice and security a few days ago -- entitled, appropriately enough, the "Justice and Security Green Paper." The full text is available here. For a bri... -
An Apology: Alsabri
I'm afraid I owe Lawfare readers an apology. Because of a calendar foul-up, I missed yesterday's D.C. Circuit argument in Alsabri v. Obama, a Guantanamo habeas case--nor did I write an oral argument prev... -
Today's Headlines and Commentary
The AP and the AFP have the story of Abd al-Nashiri, the main suspect in the USS Cole bombing, whose trial Bobby discusses here. The AP -
McKeon Letter to Obama on Detainee Provisions of the NDAA
Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli... -
Historical Examples of Remand to Military Detention After Commission Prosecution
Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ... -
Meta-Correction
May God bless their little souls. The poor dears really are trying. The New York Times editorial page has now corrected its correction. This is getting meta, and this post will be incomprehensible to th... -
Al-Nashiri's Motion on Potential Post-Acquittal Detention
The defense in United States v.
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