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Historical Examples of Remand to Military Detention After Commission Prosecution
Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ... -
Meta-Correction
May God bless their little souls. The poor dears really are trying. The New York Times editorial page has now corrected its correction. This is getting meta, and this post will be incomprehensible to th... -
Al-Nashiri's Motion on Potential Post-Acquittal Detention
The defense in United States v. -
A Call for Debate on the Merits of the Mandatory Military Custody Provision of the NDAA
The latest public development in the long-running fight over the detention provisions in the National Defense Authorization Act occurred last Friday when a group of 13 Senate Democrats (all the Democrats... -
The Coming Wave of War Crime Prosecutions in Libya
An interesting story in the Post this weekend draws attention to the fact that about 7,000 detainees currently are held without criminal charge in various locations throughout Libya, and with varying deg... -
Unsporting to Shoot Fish in a Barrel?
Over at the Volokh Conspiracy, Kenneth Anderson writes of my post yesterday, "What should most concern the Times are the couple of emails I’ve received from several eminent professors, smart and intellec... -
The New York Times Runs a Correction on an Editorial!
I awoke this morning to a genuine marvel: An actual real-live correction to a New York Times editorial on a national security issue. It reads as follows: This article has been revised to reflect the foll... -
Josh Gerstein on the Ayotte Amendment
The invaluable Josh Gerstein of the Politico offers these important pieces of the legislative politics puzzle surrounding the Kelly Ayotte amendment, which I wrote about here and here: The vote, taken ju... -
As We Leave Iraq, What About Daqduq?
As you probably have heard already, negotiations to extend the U.S. -
Ayotte Amendment Fails
The Kelly Ayotte amendment I discussed yesterday was voted down late last night, reports the Associated Press: WASHINGTON — The Senate voted early Friday to reject a Republican effort to prohibit the Uni... -
Who Needs This?
Another unpleasant proposed spending restriction related to trying suspected terrorists--this time from Senator Kelly Ayotte. This is a proposed amendment to an appropriations bill for the Justice Depart... -
Is the Administration Softening on AUMF Reaffirmation?
I had been waiting for the video of Pentagon General Counsel Jeh Johnson's speech at the Heritage Foundation to be released to post thoughts it. But I awoke this morning to press coverage of the speech t...
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