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Thoughts on Almerfedi
Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid... -
D.C. Circuit Opinion in Almerfedi
The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. J... -
U.S. Pakistani Intelligence Cooperation on the Mend
The Onion has the story: ISLAMABAD—Pakistan's Inter-Services Intelligence agency restated Thursday its commitment to the fight against terrorism, pledging full cooperation with U.S. forces during the upc... -
Accelerating US Operations Against AQAP in Yemen (and Support from Opposition Leaders)
Mark Mazzetti has a very important story in the Times noting that, far from backing away from using lethal force against AQAP targets in Yemen during this time of political instability, the US has steppe... -
Two-Hundred Year Old Document Declassified
No, it's not a Mel Brooks-Carl Reiner routine. -
Michael Leiter Resigns
Michael Leiter, the long-time Director of the National Counterterrorism Center, one of the hardest counterterrorism jobs in the government, has resigned. President Obama’s statement is here. -
Is the Obama Administration's Original Legal Rationale for the Libya Intervention Still Valid?
Most of the legal discussion about Libya intervention has focused in recent weeks on the War Powers Resolution. But the constitutional issue of the President’s power to order the intervention without co... -
ROLFF-A Gets a Boost from NATO
Defense Ministers from the 48 nations of the International Security Assistance Force (ISAF) today endorsed the NATO Rule of Law Field Support Mission (NROLFSM). The press release describes the mission a... -
Dwight Sullivan on Scott Horton
Over at CAAFLOG, Dwight Sullivan has this long post on the continuing saga of Scott Horton's National Magazine Award--about which I wrote here. Sullivan is responding to this article by Dr. Jeffrey Kaye ... -
An Additional Thought on Al-Hajj
I have only one point to add to Bobby's post earlier today on the opinion by Judge Royce Lamberth in the al-Hajj case. The D.C. Circuit has so far avoided addressing issues related to the voluntariness o... -
David Remes on the D.C. Circuit
Habeas lawyer David Remes sent in the following comments on recent developments in D.C. Circuit case law. He emphasizes that he has been counsel in several of the cases discussed below and that the follo... -
GTMO Habeas Ruling Excluding Detainee Statements Based on Prior Abuse
In a 13-page opinion made public today (but dated May 23, 2011), Judge Lamberth in al-Hajj v.
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