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Should Legislation Clarify that Detention Authority Vis-a-Vis Al Qaeda Extends Beyond the End of Combat Operations In Afghanistan? Or Should We Leave That to GTMO Habeas Round Two, Circa 2013 or So?
Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues. One passage in the exchange struck me as particularly significant. Deb ... -
An Answer from Deborah Pearlstein
Deborah Pearlstein answers my question: Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations,writes to ask whether my recent post favoring the Senate’s over... -
A Question for Deborah Pearlstein
I was intrigued by this post from a few days ago by Deborah Pearlstein over at Opinio Juris. Entitled "Catching Up with the Senate on Detainee Matters," it concludes as follows: the Senate bill is a subs... -
The Administration's Strategic Errors--And Some Free Advice
As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj... -
What Would We Do With Detainees Captured Outside Afghanistan? Must-Read Testimony from McRaven and Allen on Counterterrorism Policy
[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were... -
David Remes on NDAA Transfer Provisions
Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language: From my standpoint as a Guantánamo habeas lawyer, the detainee tran... -
Trevor Morrison on Senate NDAA Language
Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ... -
Another Busy Week for DOJ on the Terrorism Prosecution Front: Seattle, Cleveland, Germany, Columbia
Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so). There were at least four major developments worth highlighting, most of them largely under the nat... -
Senate NDAA Thought #2
My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a... -
Senate NDAA Thought #1
The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay... -
Appellant Brief Available for al Kandari v. Obama
The appellant's brief in the case of Fayiz Mohammed Ahmed al-Kandari v. United States is now public. Al Kandari is a Kuwaiti Guantanamo detainee who is seeking to reverse the Judge Colleen Kollar Kotelly... -
The Khairkhwa Decision and Updated Habeas Numbers
Yesterday's release of the Khairkhwa decision prompts a few thoughts--and an update to the habeas data. The lengthy (79-page) opinion is an interesting document that, I suspect, will not have a profound...
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