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Following up on my last post regarding section 1031 of the NDAA FY 12 and the future of detention authority, I want to draw attention to what strikes me as a huge and looming issue--but one that is getti...
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A response to Steve Vladeck's post on Section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF.
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Last week I noted that al-Nashiri has moved for an order compelling the government to state whether it would remand him to military detention for the duration of hostilities in the event of an acquittal....
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The full Seventh Circuit has granted the government’s motion to rehear en banc Vance v. Rumsfeld, a suit by two U.S. citizens alleging that they were detained and tortured by U.S. forces in Iraq.
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The U.S. District Court for the District of Columbia has released Judge Royce Lamberth's opinion on remand in Warafi. Judge Lamberth first denied Makhtar Al-Warafi’s habeas petition some time back, but t...
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Judge Walton has released his unclassified opinion in Karim Bostan (ISN 975) v. Obama, denying Bostan's habeas petition (the decisions appears to have issued in classified form on October 12th). The gove...
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Oral arguments in Lebron v. Rumsfeld took place before the Fourth Circuit on Wednesday.
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Mark Erickson, who blogs under the most-unfortunate handle Norwegian Shooter, recently published some correspondence with me concerning his claim that the reported OLC memo reflects Lord Acton-style corr...
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The estimable, if oddly-named, Bmaz of the Empty Wheel blog asks in a Tweet "Why did al-Hajj withdraw his Habeas petition? Did he just give up like others have?" Short answer: I don't know at this stage....
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Judge Lamberth has granted a joint motion by Sharqawi Abdu ali Al-Hajj (ISN 1457) and the government to dismiss al-Hajj’s habeas petition, without prejudice. The one-page order is here. For prior cover...
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Yesterday Harper’s ran a piece by Daniel Swift on drones, criticizing the extensive but selective leaking of details about the CIA drone program. It’s a fair point, resonating with Ken Anderson’s concer...
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Musa'ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention.
