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Bahlul Counsel Surreply on Viability of Representation
The saga of whether Ali Hamza Ahmad Suliman Al Bahlul's counsel rightly represents him before the D.C. Circuit in his military commissions appeal continues. The government, you'll recall from prior cover... -
Red Cross Conference Acknowledges "Gaps" in International Humanitarian Law Governing Detention
The 31st Quadrennial Conference of the International Red Cross and Red Crescent closed on Thursday in Geneva with the adoption of a resolution inviting the International Committee of the Red Cross (ICRC)... -
Today's Headlines and Commentary
(Raffaela Wakeman and Ritika Singh) As we've covered the NDAA fight pretty exhaustively, we're not going to dwell on it much here. -
Guilty Plea for Creating and Uploading a YouTube Video for Lashkar-e-Tayyiba
Jubair Ahmad, a Pakistani man residing in the United States who created and uploaded an LeT propoganda video at LeT's request, has pled guilty to violating the 1996 material support statute, 18 USC 2339B... -
What Did Obama Really Say During the Campaign?
A bunch of readers have written to me since I posted this little item questioning whether New York Times editorial page editor Andy Rosenthal got it wrong when he wrote that: When President Obama came in... -
Government Opposition to Cert in Uthman
The government has, unsurprisingly, filed a brief in opposition to Uthman Abdul Rahim Mohammed Uthman's cert petition. Uthman, a Guantanamo habeas petitioner, had asked the Supreme Court to review this d... -
Congress, the Courts, and Detention of Americans under the AUMF/NDAA
As Raff explains below, there was one amendment to S. 1867's detainee section that made it through: Senator Feinstein's amendment stating that the bill should not be read as favoring or disfavoring an in... -
NDAA passage, final transcript from Senate Floor
The Senate passed the NDAA (S. 1867) last night on a 93-7 vote. The seven senators who voted against final passage are: Coburn Harkin Lee Merkley Paul Sanders Wyden The bill now moves on to a co... -
Mark Martins Remarks at ABA
Alas, Brigadier General Mark Martins, now the chief prosecutor of the military commissions, can't blog for Lawfare any more, as he did when he was in the field in Afghanistan. He does, however, still hav... -
A Guilty Plea in an al-Shabaab Material Support Case--and a Hypo for Application of the NDAA
There was a guilty plea today in United States v. Yusuf (S.D. Cal. Dec. -
Feinstein Amendment rejected 45-55
Senator Feinstein's amendment, which would have limited applicability of the NDAA's detention provisions to terrorism suspects captured abroad, was rejected in a 45-55 vote this afternoon. -
Would the NDAA Require Lawyers for Combat-Zone Captures?
There is a lot to talk about in regard to S. 1867, the NDAA bill currently under debate, other than section 1031 and 1032. Take section 1036. It's rather amazing this provisions hasn't generated more a...
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