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The Washington Post's Greg Sargent poses an interesting question: If elected, does Mitt Romney intend to revoke President Obama's January 22, 2009 executive order on interrogation?
The order largely re...
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Last week we mentioned that the D.C. Circuit Court had affirmed the District Court's decision in Mashur Abdullah Muqbel Alsabri's habeas corpus case. It looked as though the Court was holding off on publ...
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Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear ar...
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I don't think today's Ninth Circuit decision throwing out Jose Padilla's damages suit against John Yoo is particularly surprising--notwithstanding the typical (albeit utterly and alarmingly inaccurate) t...
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The 9th Circuit Court of Appeals has reversed a district court decision allowing Jose Padilla to sue John Yoo. Writing for a unanimous panel consisting of himself, 9th Circuit Judge N. Randy Smith, and R...
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The government's opposition to cert in Latif is now public. The government argues that "The decision of the Court of Appeals is correct and does not conflict with any decision of this Court or any other ...
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This is an interesting issue I have not yet seen before in a Guantanamo habeas case. Some time back, a detainee named Abdu Al-Qader Hussain Al-Mudafari filed a motion to dismiss his habeas petition witho...
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Back in March (so, well before John Brennan's new remarks on the issue), my friend and colleague Mike Lewis from Ohio Northern and I participated in a "teleforum" debate for the Federalist Society on the...
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Over at Opinio Juris, Gabor Rona of Human Rights First offers an extended critique of John Brennan’s speech on the use of lethal force. It is an interesting and provocative post, leading me to share a f...
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Wells and Larkin have a more comprehensive preview in the works for Thursday's oral argument before the D.C. Circuit in Hamdan v. United States, and I'd encourage folks to wait for their contribution to ...
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Very glad to have joined the Lawfare team. I look forward to more sustained blogging once the spring grading season is over. For now, I'll offer just a quick thought on the speech John Brennan delivere...
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John Brennan's speech yesterday was important for at least three reasons: (1) it marked the first official White House acknowledgment that “the United States Government conducts targeted strikes against ...
