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The NDAA and the Due Process Guarantee Act of 2011
Well that was fast... -
Cert Petition in Gul
Last week, Nazul Gul and Adel Hassan Amad – both former Guantanamo detainees who were transferred by the United States to their home nations before their habeas petitions were resolved – sought a writ of... -
Advocacy and the Animal Enterprise
Breaking in Boston: animal rights activists today filed a First Amendment challenge to the Animal Enterprise Terrorism Act ("AETA"), which reportedly makes it a "terrorism" crime, among other things, to ... -
The NDAA Passes the House, and Thoughts on Issues It Will Raise Later After Becoming Law
The House has passed the conference version of the NDAA. It will go on to the Senate, probably coming up tomorrow (Thursday). With the White House veto threat lifted, the NDAA likely will be law in ver... -
Uthman's Reply Brief
Uthman Abdul Rahim Mohammed Uthman responds to the government's argument against his cert petition in his new reply brief, available here. It opens: The petition in this case presents in stark terms the ... -
White House Statement: No Veto on NDAA
The White House has issued the following statement announcing that--and why--it will not veto the NDAA: Statement from the Press Secretary on the NDAA Bill We have been clear that “any bill that chall... -
Adam Smith's "Dear Colleague" Letter on the NDAA's Detention Provisions
Here is a letter from Congressman Adam Smith (D-WA), the ranking member of the House Armed Services Committee, defending and clarifying the detention provisions in the NDAA and advocating for its passa... -
The New York Times Calls Lawfare "Invaluable"
At least, Adam Liptak does in a well-worth-reading column about Latif. Take that, editorial staff! On a more serious note, here's the money quote: Latif is the next great Guantánamo case--whether the Su... -
UK Court Permits Habeas for US-Held Detainee in Afghanistan (Sort of)
An interesting Afghanistan habeas decision today, from the UK: Yunus Ramhmatullah v. Secretary of State for Foreign and Commonwealth Affairs et ano. (Court of Appeals (Civil Division)). In an opinion b... -
The Problematic NDAA: On Clear Statements and Non-Battlefield Detention
For reasons I plan to elaborate upon in this and subsequent posts, I'm not at all convinced that the conference version of the NDAA is substantially better than the House or Senate version (or that eithe... -
Is the Conference Report Veto Worthy?
I am still digesting the new NDAA language, and I'm not yet ready to say how come out on it. It is, without question, significantly better than either the House or Senate bills. Yet some of its provision... -
NDAA Conference Report--A Quick and Dirty Analysis
The conference report for the NDAA is now available. Subtitle D, entitled "Counterterrorism," begins on page 653 and runs through page 685. The conferees' explanation of their choices begins on page 158 ...
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