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This past Sunday, police in Birmingham, England, made a series of arrests in connection with a "homegrown-but-trained-abroad" terrorism plot. Irfan Nasser and Irfan Khalid allegedly traveled to Pakistan...
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The government has moved the Seventh Circuit Court of Appeals to rehear en banc the Vance case, which last month allowed a suit to proceed against former Defense Secretary Donald Rumsfeld by U.S. citizen...
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I have written previously about the pros and cons of the military commission option for Ali Mussa Daqduq, a member of Hezbollah whom we have been holding in military custody in Iraq for some period based...
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An update on the Suleiman case: on Friday, the government filed this letter, which sought to clarify the government's views of three issues that were raised at oral argument on September 16.
First and m...
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A Second Circuit panel has affirmed, in United States v.Kassar (2d Cir. Sep. 21, 2011), the conviction of three defendants who were convicted on charges stemming from a sting operation involving a faux e...
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Uthman Abdul Rahim Mohammed Uthman, a Guantanamo habeas petitioner, has filed a cert petition, asking the Supreme Court to review the D.C. Circuit's March decision in his case. The cert petition presents...
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Speaking of OFAC's process for sanctions designations, the 9th Circuit has just ruled against it in a case involving the constitutionality of its designation process, though it also held that the designa...
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It comes in the case of Abdah and is available here, posing the following question:
Whether, in a habeas corpus action, a Guantánamo detainee has a right to challenge his transfer to a
foreign country on...
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Yesterday, the Fourth Circuit announced decisions in Al Shimari v. CACI International and Al-Quraishi v. L-3 Services, Inc. Both cases involved tort suits brought by Iraqi civilians against U.S. military...
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I promised last week to give some thoughts on Judge Henry Kennedy's recent opinion in Hentif as soon as I had a chance to read it. I was busy running some events over the past few days and only just got ...
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A divided 11th Circuit panel has issued a lengthy opinion (112 pages in pdf, with the dissent) affirming the conviction of Jose Padilla, Adham Hassoun, and Kifah Jayyousi, and granting the government's ...
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Friday afternoon’s oral argument in Suleiman saw pretty even questioning of counsel for both sides from an interested panel. Judges Merrick Garland, Thomas Griffith and David Tatel pressed Abdulrahman A...