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Whatever else one might say about Fourth Circuit Judge J. Harvie Wilkinson III, I think it's safe to describe him as one of the leading contemporary advocates of judicial restraint on the federal appella...
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A three-judge panel of the D.C. Circuit Court of Appeals has affirmed a District Court judgment in favor of the National Security Agency in a case brought by the Electronic Privacy Information Center und...
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I've blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military...
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A quick note updating readers on the progress of the draft NDAA FY'13: Chairman McKeon's bill passed HASC last night in the wee hours. Next stop: the floor, where we are likely to see, among other thin...
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I have now read the new Seton Hall report to which I linked earlier and I have to say: I am perplexed.
The report's thesis, in a nutshell, seems to boil down to two propositions: that the D.C. Circuit's...
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I only just noticed this new report by Mark Denbeaux, Jonathan Hafetz, and an extensive list of others at the Seton Hall University School of Law, entitled "No Hearing Habeas: D.C. Circuit Restricts Mean...
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When Paul says that General Alexander’s response to Senator McCain’s letter over pending cybersecurity legislation is “unpersuasive,” I cannot tell whether Paul found it unpersuasive or whether he is ref...
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Yeesh. Yesterday I noted that Chairman McKeon's NDAA draft includes a "Daqduq rule" -- i.e., a provision requiring the Defense Department to notify Congress before transferring certain detainees held at...
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I received the list below (of "Significant Cyber Attacks" on Federal systems since 2004) from sources on Capitol Hill last week. After reading through it and checking the data, it seemed worth making th...
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HASC Chairman Buck McKeon today released a draft NDAA for FY '13, which will head to the full committee for markup on the 9th. The text of the bill as it currently stands is posted here, McKeon's announ...
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Chief Prosecutor Mark Martins gave the following statement to the press this morning:
Chief Prosecutor Mark Martins
Remarks at Guantanamo Bay
6 May 2012
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The defense’s question-and-answer session is finally done. When asked by the court, prosecutor Mark Martins quickly waives any challenge to the judge from the prosecution’s side. There’s a quick legal di...