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In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...
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Rumor has it that sometime this week (perhaps as early as tomorrow), Congressmen Scott Rigell (R-VA) and Jeff Landry (R-LA) will introduce a bill titled the "Right to Habeas Corpus Act." In short, the bi...
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An important predicate for the legal and political justification for the U.S.
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A couple of weeks ago, I poked fun at the Virginia General Assembly's protest legislation aimed at the NDAA and wondered if Gov. Bob McDonnell would veto it. As things turned out, he didn't; he proposed ...
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I've gotten a number of interesting responses to my post from earlier today on Virginia's proposed law forbidding state cooperation with NDAA-related detention activity that might impact citizens.
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I've been doing my best to ignore to the hysterical, paranoid, delusional howls of rage on both the Right and the Left about the NDAA, but they are starting to reach critical mass in a way that one ignor...
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Last week, we brought you the first sets of filings in Moath Hamza Ahmed Al Alwi's petition for a writ of certiorari.
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The American Civil Liberties Union has filed its opening brief in its appeal of the District Court of the District of Columbia's granting of a motion for summary judgment for the Central Intelligence Age...
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House Armed Services Committee Ranking Member and Sen. Mark Udall have proposed a brief bill that would make two significant changes to the NDAA's detention provisions. The bill, a fact sheet about which...
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Lt. Col. Darrel J. Vandeveld became a kind of cause celebre a few years back when he quit as a prosecutor in the military commission system over ethical concerns about the process, gave a declaration on ...
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As promised, Attorney General Holder delivered an address on law and national security today at Northwestern Law. The speech covered an array of topics, including a defense of the legitimacy of military...
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Writing over at Forbes, Pepperdine law professor Gregory McNeal has this thoughtful piece about the President's policy directive. It contains some interesting ruminations on the breadth of some of the wa...