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Monthly Archives: January 2012

Mark Denbeaux on Latif

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Thursday, January 26, 2012 at 12:22 PM

I don’t normally agree on detention policy matters with Seton Hall’s Mark Denbeaux–and there’s certainly some rhetoric in this piece in Jurist that I would never use and conclusiosn I do not reach. That said, I recommend it to those interested in why Latif is a big deal, a point I have made more than once myself. Denbeaux’s article . . .
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Today’s Headlines and Commentary

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Thursday, January 26, 2012 at 10:49 AM

Let’s start with the Aghanistan news. There has been another suicide bombing in Helmand province, signifying the Taliban’s continued unwillingness to negotiate with the United States and causing three death and at least 30 injuries. Sayed Salahuddin writes from Kabul for the Washington Post. The AP tells us that Jack Idema–who was convicted of running a private jail . . .
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Book Event: “The Law of Counterterrorism” at Georgetown

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Thursday, January 26, 2012 at 9:32 AM

For all D.C. readers, this upcoming event at Georgetown University Law Center may be of interest. The Georgetown Center on National Security and the Law Cordially invites you to a critical discussion of a newly-published book by the ABA Section of Administrative Law and Regulatory Practice: “The Law of Counterterrorism” Authors John Altenburg, Jr. former . . .
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Today’s Headlines and Commentary

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Wednesday, January 25, 2012 at 8:53 PM

The New York Times reports on NYPD police commissoner Raymond Kelly’s decision to personally cooperate with the prooducers of “The Third Jihad,” an anti-Muslim film that drew “angry condemnation from Muslim and civil rights groups.” The Associated Press informs us that Marine Staff Sgt. Frank Wuterich, “convicted of a single count of negligent dereliction of duty” . . .
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A Closer Look at Lebron v. Rumsfeld (Padilla’s Bivens Suit)

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Wednesday, January 25, 2012 at 4:24 PM

As Jack and Steve have both noted, yesterday the Fourth Circuit issued its opinion in Lebron v. Rumsfeld, the appeal seeking reversal of a district court’s decision denying Jose Padilla declaratory and equitable relief against several current and former U.S. officials.  While Steve has also posted some initial thoughts on the opinion here (and more is sure to . . .
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Parwan and Al Maqaleh

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Wednesday, January 25, 2012 at 1:34 PM

As Ben pointed out yesterday, the Washington Post report about the possibility that non-Afghan detainees held at Parwan will be repatriated to their home countries is significant news. Apart from its import for U.S. detention policy generally, the development, if true, may have bearing on the factual underpinnings in Al Maqaleh v. Gates, the case . . .
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Laura Pitter Responds

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Wednesday, January 25, 2012 at 6:56 AM

Laura Pitter of Human Rights Watch responds to my criticisms of her coverage of the Al Nashiri motions hearing: Benjamin Wittes is correct in concluding that I (and Human Rights Watch) share his desire to see fair trials for Guantanamo detainees. My criticisms, however, were not directed at the conduct of the military judge or at . . .
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Today’s Headlines and Commentary

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Tuesday, January 24, 2012 at 9:53 AM

As Bobby and Steve have already discussed, John Kiriakou, the author of “The Reluctant Spy: My Secret Life in the CIA’s War on Terror” has been indicted for allegedly leaking classified information to the media. Read Charlie Savage’s New York Times piece here, Warren Richey at the Christian Science Monitor covers the news here, and . . .
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Non-Afghans at Parwan to be Repatriated

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Tuesday, January 24, 2012 at 7:00 AM

This story in today’s Washington Post won’t get the attention it would garner if it dealt with Guantanamo, but put it in the category of Very Important if True. According to Post reporters Peter Finn and Julie Tate, The Obama administration is considering the repatriation of most, if not all, of the non-Afghan detainees held at . . .
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Drone Strikes and U.S. Citizens: The White House Opts for the Half-Monty Over the Full-Harold

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Monday, January 23, 2012 at 4:31 PM

Daniel Klaidman at Newsweek, whose forthcoming book on the Obama Administration’s counterterrorism policies promises to be must-read material, reports that the decision has been made to go public with some form of defense of the legality of the al-Awlaki strike.  It seems Attorney General Holder will be tasked with giving the speech that will do so, something . . .
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Today’s Headlines and Commentary

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Monday, January 23, 2012 at 4:24 PM

The Islamic militant group Boko Haram has claimed responsibility for a string of terrorist attacks that killed more than 150 people in Nigeria. The New York Times, CNN, and BBC have the story. Daniel Klaidman at Newsweek reports that the Obama administration is “planning to reveal publicly the legal reasoning behind its decision to kill the . . .
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Supreme Court Holds that Installing GPS Tracker on Vehicle Is a Search

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Monday, January 23, 2012 at 3:38 PM

[Update: I’ve revised the text here to show that the Court did not actually say a warrant is always required in such cases] What a day.  Now we have a Supreme Court decision (United States v. Jones) holding that when the government installs a GPS tracker on a car, it is a search within the meaning of . . .
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Readings: Ashley Deeks on the “Unable or Unwilling” Test

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Monday, January 23, 2012 at 3:37 PM

Ashley Deeks (formerly senior State Department lawyer and currently a fellow at Columbia Law School) has posted to SSRN a new piece appearing in Virginia Journal of International Law, ‘Unwilling or Unable': Toward an Normative Framework for Extra-Territorial Self-Defense.  This article is of very considerable importance for  those seeking to advance a view of self-defense that . . .
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An Exculpatory Footnote to the Kiriakou Indictment

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Monday, January 23, 2012 at 3:20 PM

I just wanted to add one point to Bobby’s thorough post on the Kiriakou indictment from earlier today. As Bobby quoted from the DOJ press release: According to the complaint affidavit, the investigation determined that no laws were broken by the defense team as no law prohibited defense counsel from filing a classified document under . . .
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Fourth Circuit Throws Out Jose Padilla’s Bivens Suit

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Monday, January 23, 2012 at 3:05 PM

Jack just flagged the Fourth Circuit’s unanimous 39-page opinion throwing out Lebron v. Rumsfeld–one of the two pending Bivens suits brought by Jose Padilla arising out of his detention (and alleged abuse) as an “enemy combatant.” Although Padilla’s allegations (if true) would have stated serious violations of his constitutional rights arising out of his long-term incommunicado . . .
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Fourth Circuit Affirms Dismissal in Rumsfeld v. Padilla

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Monday, January 23, 2012 at 2:44 PM

Opinion here.  Commentary later, hopefully.

Email Surveillance Leads to Material Support Arrest in Chicago

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Monday, January 23, 2012 at 12:42 PM

Jamshid Muhtorov is under arrest, facing material support charges predicated on the claim that he swore allegiance to an Uzbekistan group known as the Islamic Jihad Union, and that he attempted to travel abroad to join them.  The complaint and supporting affidavit are here.  From the DOJ press release:

CIA Officer Prosecuted for Leaking Classified Info to Journalist in Connection with GTMO Interrogations

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Monday, January 23, 2012 at 12:31 PM

Oh boy.  Former CIA officer John Kiriakou has been arrested and charged with leaking classified to a journalist concerning interrogation at GTMO, including the identity of persons involved in interrogation sessions (information which was given to the defense team, allegedly, and may have resulted in surveillance photographs being taken, photos that in turn may have . . .
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Human Rights Watch’s Laura Pitter on Military Commissions–A Response

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Sunday, January 22, 2012 at 11:11 PM

Writing in Salon magazine, Laura Pitter of Human Rights Watch declares that “fundamental procedural protections afforded defendants in federal courts simply do not exist in military commissions. And without comparable fairness and transparency, the promise of justice remains a big question mark.” Pitter spent Tuesday and Wednesday of this past week, as did I, watching . . .
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Readings: Shane Harris, The Human-Free Future of Unmanned Aerial Vehicles

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Saturday, January 21, 2012 at 5:11 PM

Journalist Shane Harris (senior writer for Washingtonian magazine and author of the well-received 2010 book, The Watchers) has written a briefing paper for the Hoover Institution’s Task Force on National Security and Law’s Emerging Threats series, Out of the Loop: The Human-Free Future of Unmanned Aerial Vehicles.  (Benjamin Wittes, Jack Goldsmith, and I are members . . .
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