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Last week, Ben was perplexed by the government's reply in opposition to a motion for a preliminary injunction in a mysterious case brought by Mustafa al Hawsawi over Rear Adm. Woods' recent order regardi...
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The ICRC recently published this report on its visits to detainees being held in U.S. facilities in Afghanistan, Guantanamo, Iraq, and South Carolina. The report opens:
Although terrorism is not new, Sta...
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If Ben needs something to tear into, there's also this--my guest post over at the ACSblog, which uses Judge Brown's disturbing rhetoric in Latif as a foil through which to evaluate this "anniversary." Re...
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Never fear, Ben! While the Times may have disappointed you today, NPR has stepped into the breach this morning with its Guantanamo anniversary story.
To be frank, I'm more than a little surprised by th...
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Here is Part II of Peter Margulies's reporting from AALS:
AALS Federal Courts Debate II: Military Commissions and Material Support
The lively federal courts panel at the American Association of Law Scho...
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Peter Margulies of Roger Williams University School of Law has sent in two accounts of panel discussions at the annual meeting of the American Association of Law Schools. Here is the first:
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And oddly, the notional issue seems to be abuses at the side of the facility already controlled by Afghan, not international, forces.
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The New York Times published two op-eds this weekend by former Guantánamo detainees -- one by Lakhdar Boumediene, the lead plaintiff in Boumediene v. Bush, which extended a constitutional right to the wr...
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At one point prior to 2009, [Update: In my haste this morning, I erred by referring to 100,000 detainees in Iraq at a single point in time, when instead I meant to refer to the volume of detainees we hel...
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Last year, at this time, I wrote a hot-headed little post objecting the signing statement President Obama issued in connection with last year's defense authorization act. This year's signing statement, w...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dram...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in...