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From the FJC: Ex Parte Merryman Document Resources
With Abraham Lincoln back in the news, the Federal Judicial Center has posted a series of neat documents about the suspension of habeas corpus and the Ex Parte Merryman case. Here's a brief history of th... -
2/14 Hearing #3: Valentines Exchanged Between Defense Counsel and Convening Authority
“The commission is called to order,” Judge Pohl says. Back to CDR Walter Ruiz, and his witness: the Convening Authority, with a visage grainy in the video-teleconference monitor (itself piped to us here... -
2/14 Hearing #1: A Complaint from Bin Attash About Attorney-Client Material
Romance is in the air---and waves of the purest judicial authority---as Judge Pohl calls our session to order. The five men accused of planning 9/11 are present in the courtroom, along with lawyers for ... -
2/12 Hearing #1: Audiovisual Club Part One
The Smallwood Screen comes alive, with Judge James Pohl seated at the familiar, authority-emanating bench. A glow likewise surrounds the wall’s JTF insignia; it seems to say, “let us reconvene and discu... -
Why a "Drone Court" Won't Work--But (Nominal) Damages Might...
There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr... -
Still More Drone Commentary - Anthony Clark Arend on Judicial Oversight of Drones
Georgetown professor Anthony Clark Arend - old friend to many of us at Lawfare - has a new short post on whether judicial oversight of drones would be a good idea - or constitutional. -
A FISC for Drone Strikes? A Few Points to Consider...
There is an increasing amount of talk about judicial review for at least some decisions to place specific persons on targeting lists for the use of lethal force outside of a combat zone (drones are not t... -
Confusion about "Imminence" and Targeted Killings
The central substantive issue, legally and morally, in the administration's Targeted Killing White Paper is how the concept of an "imminent threat" should be understood. This is where much of the debate ... -
What's <em>Really</em> Wrong With the Targeted Killing White Paper
There's certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff's "Headlines and Commentary" post for links). At the ris... -
Guantanamo Civil Action Dismissed
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New D.C. District Court Orders in Obaydullah and Alhag Guantánamo Habeas Cases
The D.C. -
Statement by the Chief Prosecutor on This Week's Hearings in the 9/11 Case
Here it is. From the statement's discussion of Monday's break in CCTV audio and video, during remarks by KSM attorney David Nevin: As in courts-martial, members of the Office of Military Commissions sta...
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