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Senator McConnell has an op-ed in the Washington Post sharply criticizing the Obama administration for pursuing a civilian court prosecution of two Iraqi men who were arrested in Kentucky recently on cha...
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The invaluable Steve Aftergood, over at Secrecy News, is reporting:
Attorneys for New York Times reporter James Risen yesterday asked a court to quash a subpoena requiring him to testify in the case of f...
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A few weeks ago, Ben pointed out that two detainees had moved to drop their appeals, with their lawyer essentially calling the cases lost causes. Word comes today that the D.C.
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I just got a look at a bootlegged copy of the Senate Armed Services Committee language on detainee matters. The following is a quick and dirty summary--which proceeds in the order the provisions appear i...
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The D.C. Circuit Court this morning handed down two opinions that may be of interest to Lawfare readers.
In Ali v. Rumsfeld, Judge Karen LeCraft Henderson delivered the opinion which affirmed the distri...
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The Senate Armed Services Committee announced Friday that it had completed its markup of the National Defense Authorization Act for FY 2012.
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Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester...
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At this hour, I am participating in a briefing for the House Armed Service Subcommittee on Oversight and Investigations concerning transfers of Guantanamo detainees to Yemen. Brookings has posted my writ...
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Jose Padilla and his mother have appealed the dismissal of their civil case against a raft of current and former Defense Department officials.
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The appellant's reply brief is now available for Suleiman v. Obama. Petitioner Abdulrahman Suleiman challenges Judge Reggie Walton’s July 2010 decision denying him the writ of habeas corpus.
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The appellant's brief in the case al-Zahrani et al. v. Donald Rumsfeld is now available. This case relates to the reported suicides at Guantanano in 2006, the conspiracy theories about which Ben wrote he...
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In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking des...