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Eviatar on the DRB process in Afghanistan
In a short piece published at Politico on Monday, Daphne Eviatar (Human Rights First) made a rather bold claim concerning the Detention Review Board process in Afghanistan: Under international law, a det... -
David Remes on the Scalise Amendment
Habeas lawyer David Remes writes with the following comments in response to my post yesterday objecting to the Scalise Amendment: You're right that Congress shouldn't bar Ambassador Dan Fried and his sta... -
House GOP to Supreme Court: Bring Gitmo Detainees Here
Yesterday, I drew attention to the mindless House amendment designed to zero out funding for State Department efforts to resettle Guantanamo detainees. I have a proposed name for this amendment: The Let... -
That's Not Constructive
House Republicans have seen the enemy, and it is Daniel Fried--the State Department special envoy who has been trotting around the globe for the last two years trying to persuade other countries to help ... -
D.C. Circuit's Al Warafi Decision
In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama. -
Should Detention Based on Non-Member Material Support Be Reconceived in Terms of Security Internment?
As Ben notes below, Steve Vladeck objects to the Circuit's recent ruling in Hatim insofar as that decision suggests that the Circuit has held that detention may be predicated on provision of material sup... -
Another GTMO habeas denial...
* Alsabri v. Obama (D.D.C. Feb. -
Is the D.C. Circuit Really Clarifying the Law of Detention?
The D.C. Circuit's 113-pages of non-opinion this week, in which it declined to rehear en banc an earlier panel decision in the Al Bihani case, warrants reflection at a number of levels.



