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My Testimony on Detention/Prosecution Policy for Tomorrow's HASC Hearing
On Tuesday morning, the House Armed Services Committee is holding a hearing titled "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror." ... -
Thoughts on Gul
I have now had a chance to read Gul, the other D.C. Circuit case that came down on Friday. Gul establishes a proposition that, in my opinion at least, should be pretty obvious: that Guantanamo habeas jur... -
Thoughts on Al Alwi
I normally have a pretty good read on the D.C. Circuit in habeas cases. Not this time. Al Alwi, one of the decisions which Wells posted yesterday, took me rather by surprise. To be true to what I wrote ... -
D.C. Circuit Opinions in Al-Alwi and Gul
Today, the D.C. Circuit handed down opinions in two detainee cases, Al-Alwi v. Obama and Gul v. Obama. *** -
Since When Is the President Supposed to Enforce Unenacted Statutes?
Earlier today, Raffaela noted a letter, sent by the Chairs of various House Committees to the President, regarding the latter’s approach to the Warsame case. Unsurprisingly, the letter critiqued the Adm... -
Thomas Joscelyn Responds
Over at the Weekly Standard, Thomas Joscelyn has a response to Bobby and my earlier response to his response to our responses (here and here) to his piece on Matthew Olsen. -
Another Conviction in the al-Shabab Recruitment Investigation
United States v. Mohamed (D.Minn. July 18, 2011) is the latest in a series of convictions federal prosecutors have obtained in response to the recruitment of young Somali-American men in the Minneapolis ... -
Courts Lack the Power to Order Closed Proceedings in Civil Cases: the UK Supreme Court’s Decision in Al-Rawi
On Wednesday, the UK Supreme Court handed down its decision in Al-Rawi v. -
Joscelyn Responds to Our Posts on Matt Olsen
( A joint response from Benjamin Wittes and Bobby Chesney) On Thursday we criticized a piece by Thomas Joscelyn at The Weekly Standard concerning Matt Olsen and the GTMO Review Task Force, in which Josc... -
Marty Lederman on Begolly and the First Amendment
Marty Lederman has a terrific post exploring in more detail the First Amendment issues raised by the Begolly indictment. It's a must-read if you are interested in the prospects for prosecuting those who... -
Military Commissions and Timely Transparency: Video, Transcripts, Motion Papers, Rulings
A while back Ben posted about the pressing need for “radical transparency” in the military commissions process. It’s time to say it again: The Pentagon must make it much easier for outsiders to follow t... -
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