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Monthly Archives: February 2012

Yawn: Drone Strike Kills Four in Somalia

By John Bellinger
Wednesday, February 29, 2012 at 11:09 PM

In her news roundup for last Friday, Ritika briefly mentioned that a drone strike had killed four al-Shabab militants in Somalia.

 The New York Times had also cursorily mentioned the strike in this short AP report on page A5 of … Read more »

Some Initial Reflections on Today’s Due Process Guarantee Act Hearing

By Steve Vladeck
Wednesday, February 29, 2012 at 6:01 PM

While the experience is fresh, I thought I’d share some reflections on this morning’s Senate Judiciary Committee hearing on the Due Process Guarantee Act. [The SJC hearing page has copies of the witness statements (including my own), and … Read more »

Majid Khan Plea Agreement Documents

By Raffaela Wakeman
Wednesday, February 29, 2012 at 3:00 PM

Here for all the world to see.

We’ve got:

Today’s Headlines and Commentary

By Raffaela Wakeman
Wednesday, February 29, 2012 at 3:00 PM

Interpol has arrested 25 suspected members of Anonymous, reports the AP.

Evan Perez and Julian E. Barnes at the Wall Street Journal (caution: paywall) report on the DOJ’s release of the Policy Directive and Fact Sheet, as do Sari … Read more »

Majid Khan Arraignment #5: Prosecution Remarks to the Press

By Benjamin Wittes
Wednesday, February 29, 2012 at 1:30 PM

Here is Chief Prosecutor Mark Martins’s remarks to the press, which are being delivered at this hour:

Chief Prosecutor Mark Martins

Remarks at Guantanamo Bay on 29 February 2012

Good afternoon. Today, following his initial appearance and arraignment, a military

Read more »

Majid Khan Arraignment #4

By Benjamin Wittes
Wednesday, February 29, 2012 at 1:09 PM

Judge Pohl then turns to his required colloquy with Khan to verify that his plea is truthful, voluntary, and made cognizant of consequences. Khan’s plea, he says, will not be accepted unless he validates every act alleged and unless Judge … Read more »

Majid Khan Arraignment #3

By Benjamin Wittes
Wednesday, February 29, 2012 at 11:59 AM

The commission reconvenes and Judge Pohl announces that he has received the document. Trial counsel Sullivan reiterates that she had no notice about this document. But it turns out not to matter.

Judge Pohl says he’s going to deny the … Read more »

Majid Khan Arraignment #2

By Benjamin Wittes
Wednesday, February 29, 2012 at 10:02 AM

Military Judge James Pohl walks in promptly at 9:00 am and calls the military commission to order.

Trial counsel Courtney Sullivan of the Justice Department begins by announcing that there have been minor changes to the charge sheet. She introduces … Read more »

Majid Khan Arraignment #1

By Benjamin Wittes
Wednesday, February 29, 2012 at 8:24 AM

When my daughter was in day care and I would pick her up in the evening and ask her what she did during the day, she would sometimes respond, a little alarmingly, “I sat in a dark room and stared … Read more »

Initial Comments on the Implementing Procedures for NDAA Section 1022

By Benjamin Wittes
Tuesday, February 28, 2012 at 11:25 PM

Raffaela earlier posted the President’s implementation procedures for Section 1022 of the NDAA—that is, the not-so-mandatory military detention provision. I have only had a chance to read it over quickly, but here’s a quick and dirty summary.

Bottom line: The … Read more »

NDAA Fact Sheet and Presidential Policy Directive on §1022

By Raffaela Wakeman
Tuesday, February 28, 2012 at 7:10 PM

This just in from the Department of Justice:

Today at 6:30 pm, the White House issued the following Fact Sheet and a Presidential Policy Directive that sets forth procedures implementing Section 1022 of the National Defense Authorization Act for FY

Read more »

Kiobel: Justice Kennedy Questions Extraterritorial Application of the ATS

By John Bellinger
Tuesday, February 28, 2012 at 6:10 PM

The narrow question presented in the Kiobel v. Royal Dutch Petroleum case is whether corporations may be held liable for violations of international law under the Alien Tort Statute.  But during this morning’s Supreme Court argument, Justices Kennedy, Roberts, and … Read more »

Not So Fast on Khan Plea Bargain

By Raffaela Wakeman and Benjamin Wittes
Tuesday, February 28, 2012 at 4:12 PM

There’s been a lot of buzz in the press on the plea bargain reached between Majid Khan and the prosecution in his Military Commission case—and a lot of it has focused on the mere four years before Khan might be … Read more »

Kiobel and Mohamad Oral Argument Transcripts

By Kenneth Anderson
Tuesday, February 28, 2012 at 2:51 PM

Oral argument transcripts from the Supreme Court hearing this morning:  Kiobel and Mohamad.  Update: Opinio Juris is posting several posts and guest posts on the oral argument, including this one by Chimene Keitner.  The comments … Read more »

Video of Jeh Johnson’s Speech at Yale Law School

By Benjamin Wittes
Tuesday, February 28, 2012 at 11:20 AM

I just noticed this video of Jeh Johnson’s speech at Yale Law School, the text of which I have already posted:

 … Read more »