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Detention and Denial Now Available
I am reliably informed (having checked the site) that Detention and Denial: The Case for Candor After Guantanamo is now available from Amazon.com--which presumably means it is available at other book sto... -
More on Yesterday's Times Editorial
Bobby is quite right to link yesterday's New York Times editorial to the one about which I complained back in October. -
The NY Times Editorial Page and Its Potentially Misleading Account of the Detention Status Quo
In an editorial that ran on Monday, the Times took up the laudable task of defending the administration’s plans to substantially enhance the procedural safeguards associated with the annual review board ... -
Ads for Very Worthy Causes
(By Benjamin Wittes, Jack Goldsmith, and Robert Chesney) Lawfare readers will have noticed, by now, that we have installed a small quantity of advertising on the site. The purpose of these ads is to gen... -
Dan Byman on Guantanamo as Recruitment Tool
A few days ago, I expressed doubt as to the veracity of the President's comments that "Guantanamo is probably the number one recruitment tool that is used by these jihadist organizations." I did so tenta... -
Government Brief in Post-Transfer Relief Appeal
A few weeks ago we posted the petitioners' joint opening brief in a consolidated appeal before the D.C. Circuit that tests whether federal courts retain habeas jurisdiction even after a detainee leaves U... -
Is Guantanamo Just a Legacy Problem?
The Washington Post published a typically thoughtful editorial today on the idea of an executive order to establish a review process for Guantanamo detainees who lose their habeas cases. Like me, the Pos... -
Thoughts on Obama's Gitmo Remarks
A few thoughts on President Obama's remarks Wednesday on Guantanamo, the full text of which I posted earlier. "Obviously, we haven’t gotten it closed. And let me just step back and explain that the rea... -
The President's Comments on Gitmo
At his news conference Wednesday, President Obama made the following remarks about Guantanamo and the forthcoming executive order: Q Guantanamo, sir. I understand a draft of an executive order is bei... -
The Espionage Statutes Modification Act of 2010
Having already introduced a bill this week to modify CIPA, Senator Cardin has now introduced a bill to modify espionage-related statutes. The Espionage Statutes Modification Act ("ESMA") bill--S.4051--i... -
On Executive Orders and Centrist Anxieties
The combination of Jack's post and sleeping on the subject has mostly set my mind at ease on the difference between an executive order and a statute for purposes of the Guantanamo review system currently... -
New Nominee for Office of Legal Counsel
During my 2003 confirmation hearings to be the head of DOJ’s Office of Legal Counsel, one Senator showed up to ask me one or two perfunctory questions. This was a time when relatively few people knew wh...
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