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The Graham Habeas Bill--A Brief Analysis
In fulfillment of my promise last week to provide analysis of the various pieces of new Senate legislation, here are some thoughts on the new version of Senator Lindsey Graham's habeas reform bill. The b... -
Abdah (Latif) Argument Preview
Tomorrow morning, the D.C. Circuit Court of Appeals will hear arguments in Abdah v. Barack Obama (Al Latif) (No. 10-5319). The argument is slated to proceed before Judges Karen LeCraft Henderson, David T... -
My Last Word on Article 75
In the esoteric discussion about whether and how Article 75 of Protocol I, a treaty about international armed conflict (IAC), applies in the Non-International Armed Conflict (NIAC) with al Qaeda and The ... -
Further Thoughts on the White House Statement About Article 75
In my initial post on the White House statement regarding Article 75 of Additional Protocol I, I said I assumed that the statement means that the Administration intends to apply Article 75, as a matter o... -
Heller Responds to Stimson on Article 75
Kevin Jon Heller at Opinio Juris responds to Cully Stimson’s argument that Article 75 of Protocol I, if it applied to military commissions, might gut the relaxed hearsay rules in commissions. Article 7... -
Analysis of the McCain Legislation
I promised Thursday night to write up comments on the new legislation that has emerged in the Senate. Let me start with the proposal by Senator John McCain on detention rules. This bill, introduced by Se... -
Gabor Rona on Article 75 and Additional Protocols I and II
Gabor Rona (Human Rights First) joins the conversation sparked by the Administration's announcement relating to Additional Protocol II and Article 75 and Additional Protocol I. His comments appear in fu... -
D.C. Circuit Issues Stay in Almerfedi
Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v. -
Why I Think the Obama Administration Did Not Extend Article 75 to Terrorists
There has been much confusion in recent days about this statement in the Administration’s Fact Sheet on Guantanamo and Detainee Policy: “The U.S. -
Cully Stimson on Art. 75 and Its Implications for Hearsay in Military Commissions
Cully Stimson, formerly the Deputy Assistant Secretary of Defense for Detainee Affairs and now at Heritage, raises an important issue with respect to the implications of Article 75 for the admissibility ... -
Al Madhwani Argument Summary
(By Benjamin Wittes and Larkin Reynolds) The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt... -
New Legislation in the Senate
Several new bills were introduced in the Senate today by a shifting group of mostly-Republican senators.
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