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What Would We Do With Detainees Captured Outside Afghanistan? Must-Read Testimony from McRaven and Allen on Counterterrorism Policy
[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were... -
David Remes on NDAA Transfer Provisions
Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language: From my standpoint as a Guantánamo habeas lawyer, the detainee tran... -
Trevor Morrison on Senate NDAA Language
Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ... -
Another Busy Week for DOJ on the Terrorism Prosecution Front: Seattle, Cleveland, Germany, Columbia
Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so). There were at least four major developments worth highlighting, most of them largely under the nat... -
Senate NDAA Thought #2
My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a... -
Senate NDAA Thought #1
The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay... -
Appellant Brief Available for al Kandari v. Obama
The appellant's brief in the case of Fayiz Mohammed Ahmed al-Kandari v. United States is now public. Al Kandari is a Kuwaiti Guantanamo detainee who is seeking to reverse the Judge Colleen Kollar Kotelly... -
The Khairkhwa Decision and Updated Habeas Numbers
Yesterday's release of the Khairkhwa decision prompts a few thoughts--and an update to the habeas data. The lengthy (79-page) opinion is an interesting document that, I suspect, will not have a profound... -
Memorandum Opinion in Khairkhwa v. Obama
The D.C. district court has issued an opinion in the habeas case of Khairulla Said Wali Khairkhwa, an Afghan national and former senior Taliban official. Judge Ricardo Urbina denied his petition for a wr... -
House and Senate NDAA Differences on Transfers
I promised earlier this week to explore the differences between the House and Senate language in their respective versions of the National Defense Authorization Act concerning retrictions on transfers of... -
Duke Law Discussion of Theater Detention Operations
Some time back, I spoke at a panel at Duke Law School on detention policy alongside, among others, Michael Gottlieb, who had just completed a fourteen month tour as the top civilian official in Task Forc... -
The Kentucky-Iraq Defendants Waived Miranda and Presentment, and the Government "Conducted Extensive Interrogation" Thereafter
In response to my post earlier today on Senator McConnell's call for the defendants in the Kentucky-Iraq case to be transferred to GTMO, the spokesman for DOJ's National Security Division (Dean Boyd) sh...
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