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So we learn from this order, handed down yesterday, by the United States Court of Appeals for the Second Circuit.
In a letter filed after the Hedges oral argument, attorneys for the government had cited...
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Yesterday, Senator Lindsey Graham held a press conference, in which he unsurprisingly lamented the White House's decision not to treat Dzhokhar Tsarnaev as an "enemy combatant."
A transcript is below.
G...
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Among other things, the story describes the defendant's interrogation, Sunday, pursuant to Miranda's public safety exception:
BOSTON — Lying grievously wounded in a hospital bed, the surviving suspect i...
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A few Lawfare readers have wondered why, given the past attention we have paid on this blog to the Alien Tort Statute, none of us have had anything to say about last week’s landmark decision in Kiobel. ...
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While the manhunt for one of the Boston bombing suspects was underway Friday, Susan and I wrote up this short annotated bibliography linking to pertinent resources about the conflicts in Chechnya and Kyr...
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The Miranda issue is over. As Wells noted earlier, Tsarnaev made his initial appearance before a magistrate judge, at the hospital, and at that time the judge informed Tsarnaev of his right to remain si...
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The freshly unsealed criminal complaint was filed sometime yesterday.
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There will be no shortage of charges in the indictment that will issue against Tsarnaev shortly. Many if not most will be ordinary violent-crime charges rather than terrorism-specific ones--though they'...
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The Federal Public Defender Office for the Districts of Massachusetts, New Hampshire, and Rhode Island has said it expects to represent Boston Marathon bombing suspect Dzhokhar Tsarnaev, according to Mir...
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Unless there is good reason to believe that the Tsarnaev brothers were acting as agents of al Qaeda or some other AUMF-covered group, talk of putting Dzhokar Tsarnaev into military custody as an enemy co...
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This morning's opinion in Kiobel v. Royal Dutch Petroleum concludes that the presumption against extraterritoriality applies to claims brought under the Alien Tort Statute ("ATS"), and that nothing in th...
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That's the gist of this report, filed earlier today by Politico's Josh Gerstein:
A federal judge declined Monday to take action on behalf of a hunger-striking prisoner at Guantanamo Bay whose attorneys s...
