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Al-Aulaqi Argument Schedule
Judge John Bates issued the following order in Al-Aulaqi yesterday: MINUTE ORDER: Pursuant to plaintiff's request (to which defendants have not objected) made during the parties' joint telephone confere... -
Adam Serwer on the John Allen Muhammad Model
Adam Serwer has a very interesting response to my post a few days back about charging KSM and friends in both Article III courts and military commissions. He says he wouldn't oppose the idea, but he does... -
U.S. Criminal Investigation and Prosecution of Mexican Cartels: Lessons from Operation Luz Verde
William Booth and Nick Miroff have an interesting article in this morning's Washington Post concerning Operation Luz Verde, which was a criminal investigation focused on an effort by the Fernando Sanchez... -
Are Habeas Decisions Trending the Government's Way?
In a recent article in the Miami Herald, Carol Rosenberg noted that the government has prevailed on the merits in three straight GTMO habeas proceedings and offered perspectives on what this might signif... -
The Obama Administration’s Forthcoming Increased Reliance on Presidential Power
This Obama administration’s caution about using presidential power unilaterally will likely change after the expected surge in republican congressional numbers following the midterm elections. Glenn Thr... -
Gabor Rona on Choice of Forum
I intended this post as a challenge to the political Right, not the human rights community, on military commissions. I was, therefore, a little surprised to receive this note from Gabor Rona, internation... -
And Petitioner's Reply Brief in Al-Alwi...
...can be found here. Al Alwi, I should note, is not to be confused with Al Aulaqi. This is a minor Guantanamo case. Here is the petitioner’s merits brief. And here is the government’s brief. -
USG Reply Brief in al-Aulaqi
. . . can be found here. -
The D.C. Circuit Has Not Rejected Co-Belligerency
Kevin Heller claims that the D.C. Circuit in its al-Bihani panel opinion has reached the conclusion, with which he agrees, that “there [is] no justification for the government’s attempt . . . to import t... -
The John Allen Muhammad Model for KSM
This is a trial balloon. I'm not 100 percent certain that what I am suggesting is wise, politically astute, or even that it would work legally. I have not thought through all of the implications of what ... -
A Thought Experiment for Article III Skeptics
Everyone seems to have very strong views about where to try KSM. I don't. I think there's a defensible case for trying him in a military commission. I think there's a defensible case for trying him in a ... -
The Opinion Excluding Abebe from Testifying at the Ghailani Trial...
...is available here. It's a long opinion, but the long and short of it is that the court did not credit Abebe's claim that he was testifying voluntarily, and that this was dispositive from the point of...
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