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Last month Guantanamo detainee Ali al Bahlul filed his opening brief in Al Bahlul v. United States, in a bid to overturn his conviction for conspiracy to commit war crimes, the single military commission...
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Military judge J. Kirk Waits begins Monday's session in the military commission case against Hadi with some housekeeping matters: the detailing of a new member of the defense team, Lt. Col. Thomas Jasper...
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Yesterday petitioner-appellees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif filed a joint motion for en banc rehearing in Hatim v. Obama, the counsel access case. The detainees see...
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On this day of remembrance, the three prior Secretaries of the Department of Homeland Security have issued a joint letter calling on Congress to reorganize itself and streamline oversight of DHS. I can ...
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U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to pr...
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This is a pretty interesting document: A 1944 memo from Herbert Weschler, then assistant attorney general, outlining the U.S. government's developing view of conspiracy as a war crime.
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The latest DNI Guantanamo recidivism report is available here. The last such report is here. As you'll see, not a a lot of change.
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And, since I'm catching up on my blogging this morning, let me also recommend this paper by Scott Glick from the National Security Division of DOJ. Very much relevant to the ongoing meta-data debate an...
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That seems to be the sum and substance of the Second Circuit's ruling today.
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A couple of weeks ago, several non-Afghan detainees at Bagram Air Force Base, Afghanistan filed a cert petition with the Supreme Court after the D.C. Circuit affirmed the district court’s ruling that it ...
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If terrorist capture comes, can a debate over Guantanamo vs. federal court be far behind?
Apparently not. This time, the debate is coming even before the terrorist's capture---or even his positive ident...
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Yesterday, plaintiff-appellants in Allaithi v. Rumsfeld filed their petition for a rehearing en banc, two months after the D.C.