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Now available in redacted form: the government's opposition brief and the defendant's reply in United States v. Ghailani, a criminal case arising from the 1998 bombing of U.S. embassies in Kenya and Tanz...
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Just a few days ago, the counsel for military commission defendant Abd al Rahim Hussayn Muhammad al Nashiri filed a motion for a continuance, requesting that the four days of hearings slated for next wee...
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Yesterday, pursuant to Judge Thomas Hogan's recent order, lawyers for habeas petitioner Musa'ab Omar al-Madhwani filed a brief addressing the district court's jurisdiction to hear al-Madhwani's emergency...
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Earlier today, in Anam et. al. v.
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Peter Margulies of Roger Williams School of Law writes in with the following thoughts on the First Circuit briefing in the Tarek Mehanna appeal:
The federal material support statute forces courts and jur...
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Brian Foster of Covington & Burling, responds to my comments on his earlier guest post as follows:
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Peter Margulies recently discussed the effect of the Supreme Court's recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA's warrantless wiretapping p...
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As the recent decisions by the Court of Military Commission Review (CMCR) in the Guantánamo military commission ACLU/media access cases suggests, there are a host of complicated and heretofore unresolved...
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Jess Bravin of the Wall Street Journal, the author of the recent book, The Terror Courts: Rough Justice at Guantanamo Bay, has posted the following statement on the Facebook page associated with his new ...
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Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman---and the case of his former client, A...
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See this letter from Deputy Assistant Secretary of Defense Lietzau, on behalf of Secretary Hagel...
At bottom, it seems increasingly clear that there are two very different accounts out there about what...
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Last Monday, I flagged Chief Judge Lamberth's important new decision in a Guantánamo habeas case--Barre v. Obama--in which, among other things, he excoriated the government for how long it has taken them...