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The government has filed its reply brief in Hedges.
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Another noteworthy development in the conference version of the NDAA is section 1025. Think of this as a new direction in the congressionalization of detention operations in Afghanistan.
What do I mean...
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Politico reports that Senate and House negotiators have reached an agreement on the NDAA, with votes in both houses expected later this week...and then, on to the White House. The full text is available...
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About six weeks ago, I flagged the (in my view, alarming) filing by the government of a notice of appeal to the D.C. Circuit in the Guantanamo MOU/continuing access-to-counsel litigation.
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Earlier this week, I posted a short note about the National Intelligence Council and its projection of alternate futures for the year 2030. While I would never say the work was derivative :-), I should ...
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According to a notation on the Supreme Court's docke
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The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick G...
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The European Court of Human Rights ("ECHR") today held that Macedonia had violated the rights of Khaled El-Masri. In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspe...
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Yesterday, plaintiffs in Hedges v.
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Looks like the D.C. Circuit is going to get another crack at Bagram jurisdiction. Maqaleh II, decided by the district court in mid-October, is headed up. Good luck with that!
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Back in early November, Ben and I blogged about Fordham Professor Andrew Kent's provocative new essay, "Do Boumediene Rights Expire?," which he published in "PENNumbra," the online companion to the Unive...
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To the day's tally of important national security law filings, add this: the appellees' brief in Hedges v. Obama.
The below comes from the brief's argument section:
Comparing the text of the two enact...