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Eric Posner and Jeff Rosen have sharply different takes on the White paper.
Jeff is outraged:
The Justice Department white paper released on Monday by NBC News is the public's first direct glimpse at t...
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We don't disagree with Jack that the filling in of details in the White Paper is important---and didn't mean to suggest otherwise. But the importance Jack assigns to this aspect of the White Paper is dec...
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There's certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff's "Headlines and Commentary" post for links). At the ris...
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We’re back, and the parties jointly request a discussion of AE56---the government’s request for oral depositions.
Regarding those, the dates the government proposed earlier are no longer feasible, for o...
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The commission is called to order, with all parties present---including the accused. The witness, Dr. Iacopino, also is “here,” albeit only virtually: he appears today by video teleconference ("VTC"), w...
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This afternoon, we continue with a second day of almost-live, CCTV-broadcasted hearings in the military commission case of United States v. Al-Nashiri. As always, Lawfare is in the house---Fort Meade's ...
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Michael Isikoff from NBC News has posted a copy of a 16-page DOJ "white paper" on the legality of targeted killings--especially vis-a-vis U.S. citizens. The memo itself is here; story here. I'm sure lot...
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Daniel Klaidman, author of the indispensible Kill or Capture (providing an inside glimpse into the evolution of the Obama administration's approach to counterterrorism in its first few years), today post...
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Judge Pohl is now ready to rule.
As to Dr. Crosby, he says, the limitations placed on her by JTF-GTMO, to the extent they conflict with her best professional judgment, are unreasonable. The Convening Au...
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We're back---live (sort of) from Guantanamo (sort of). It's Monday at Fort Meade, and that means it's time to open a multi-day motions hearing in the Nashiri military commission. You remember Abd al Rahi...
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The last motion of the day is AO135, a defense motion to allow a doctor named Sondra Crosby to do an examination of Nashiri without either guards present or the patient shackled. Reyes explains that she’...
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Break is over and Judge Pohl clearly hopes to resolve a group of motions before day’s end. The trouble is that these motions are all connected in a weird kind of string and he can’t resolve one without t...