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Press Release of the Day
Ok, I know press releases are supposed to be self-serving, but this is taking it a bit far. How did the ACLU headline its release on today's D.C. Circuit opinion in Salahi--you know, the opinion that vac... -
What President Bush Says About Legal Controversies During His Administration
Charlie Savage of the NYT has read Bush's memoir and has a summary. -
Comments on Salahi
(By Robert Chesney and Benjamin Wittes) This morning the D.C. Circuit vacated and remanded a decision by former U.S. District Judge James Robertson, granting habeas relief to Mohammedou Salahi. The opin... -
New D.C. Circuit Opinion: Salahi v. Obama
The D.C. Circuit just released its opinion in Salahi v. -
Gitmo Recidivism and Innocence
I certainly agree with Adam Serwer's point in this post that it will be mindless and destructive if Republicans really tried to prevent transfers from Guantanamo. Along the way, however, Adam makes the f... -
Clarification from Tom Malinowski
When last we left the question of targeted killings, Kevin Jon Heller and I were arguing over how to read Tom Malinowski's statement on behalf of Human Rights Watch on the subject. Considering the questi... -
Note from the Al Alwi Argument
I just returned from the D.C. Circuit's Al Alwi oral argument--or, at least, the portion of it that the court conducted in open session. Here is a quick and dirty summary. Al Alwi is not one of the impo... -
More on the AQ/AQAP Issue, Including Thoughts on How the Co-Belligerent Concept Fits In
In my post below regarding the AUMF and the possible AQ/AQAP distinction, my main point was to suggest that there is a strong argument for treating AQAP as part-and-parcel of al Qaeda itself, in arguable... -
Is There a Significant Distinction Between "al Qaeda" and "al Qaeda in the Arabian Peninsula"?
Al Qaeda in the Arabian Peninsula (“AQAP”) has been much in the news this year thanks to the attempted Christmas Day Bombing last December, the ACLU/CCR lawsuit challenging the government’s alleged plans... -
New FISC Rules of Procedure
Steve Aftergood has the link, and very useful commentary, here. Two important points highlighted by Steve: (i) The FISC remains obligated under its own Rule 3 to comply with EO 13526, which among other... -
What Does the Election Mean?
This election wasn't fought over the issues we deal with here at Lawfare. It was about the economy, jobs, spending, health care, and all that jazz. -
Al Alwi Argument Preview
(with Benjamin Wittes) On Thursday, D.C. Circuit Judges David Tatel, Merrick Garland, and Stephen Williams will hear oral arguments in Al Alwi v. Obama. The argument will proceed in open session, followe...
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