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Posts by Jane Chong

Jane Chong is a third-year student at Yale Law School, where she is an editor of the Yale Law Journal. She researches national security issues at Brookings as a Ford Foundation Law School Fellow and has previously interned in the narcotics and terrorism units at the U.S. Attorney’s Office for the Southern District of New York. She graduated from Duke University in 2009.

Detainees File Petition for Rehearing En Banc in Allaithi v. Rumsfeld

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Tuesday, August 26, 2014 at 8:58 AM

Yesterday, plaintiff-appellants in Allaithi v. Rumsfeld filed their petition for a rehearing en banc, two months after the D.C. Circuit affirmed the district court’s ruling that six detainees subjected to prolonged detention and alleged mistreatment at Guantanamo did not sufficiently allege that the officials who authorized and supervised their detention acted outside the scope of their . . .
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Today’s Headlines and Commentary

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Monday, August 25, 2014 at 11:26 AM

The Islamic State remains at the top of the headlines. First, a ray of good news amid the terrible: on Sunday, American journalist Peter Theo Curist, kidnapped in October 2012 and reportedly held by the al-Nusra front or affiliated splinter groups, was released to UN peacekeepers in Syria following Qatari mediation; here are details from Al Jazeera. His . . .
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Amicus Briefs Filed in Support of Appellees in Klayman v. Obama

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Thursday, August 21, 2014 at 1:00 PM

Yesterday two amicus briefs were filed on behalf of the appellees in Klayman v. Obama, the bulk metadata case up on appeal in the D.C. Circuit. The brief challenges the lawfulness of NSA’s collection of Americans’ telephony metadata on constitutional and statutory grounds, respectively. (1) Amicus brief of the Electronic Frontier Foundation, American Civil Liberties Union (ACLU), . . .
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Three More Amicus Briefs in Support of Petitioner in al-Bahlul v. United States

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Tuesday, August 19, 2014 at 9:31 AM

Yesterday we flagged two amicus briefs filed on behalf of the petitioner in al-Bahlul v. United States by (1) the National Institute of Military Justice and (2) Professor David Glazier of Loyola Law School. The day saw three more briefs filed on Ali al-Bahlul’s behalf, each presenting different arguments for why the D.C. Circuit should reverse al-Bahlul’s military-commission conviction for conspiracy to commit war crimes. (3) . . .
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Another Amicus Brief Filed in Support of Petitioners in al Bahlul v. United States

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Monday, August 18, 2014 at 7:04 PM

This morning Steve summarized the amicus brief he co-authored on behalf of the National Institute of Military Justice in support of the petitioner in al Bahlul v. United States. Professor David Glazier of Loyola Law School has also just filed an amicus brief in support of petitioner, supplementing historical arguments he initially presented in an earlier . . .
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Today’s Headlines and Commentary

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Monday, August 18, 2014 at 9:45 AM

The Associated Press cites conflicting reports as to whether Kurdish and Iraqi forces have retaken Mosul Dam from Islamic State fighters, with militants claiming it is still in control of the facility after two days of U.S. airstrikes despite the Iraqi army’s statements to the contrary. The BBC writes that U.S. Central Command carried out nine air strikes on Saturday . . .
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Today’s Headlines and Commentary

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Thursday, August 14, 2014 at 12:31 PM

The Associated Press reports that at least four children were killed in clashes between Iraqi troops and Sunni militants west of Baghdad today, a day after the U.N. declared the humanitarian crisis in Iraq a Level 3 Emergency. Late yesterday the New York Times reported that Defense Department officials had confirmed that U.S. airstrikes and Kurdish fighters had broken the Islamic militants’ siege . . .
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Plaintiffs file response in Klayman v. Obama

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Thursday, August 14, 2014 at 9:54 AM

Yesterday plaintiffs-appellees filed their response in Klayman v. Obama, the Section 215 metadata collection case up on appeal in the D.C. Circuit. As expected, most of the brief is dedicated to arguing that (1) Judge Richard Leon was correct in barring the government from collecting any Section 215 metadata associated with the personal Verizon accounts . . .
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Petitioner Files Opening Brief in Al Bahlul v. United States

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Wednesday, August 13, 2014 at 7:34 PM

Petitioner Ali al Bahlul, the Yemeni detainee who served as Osama bin Laden’s personal assistant and public relations secretary, has just filed his opening brief in Al Bahlul v. United States, in an attempt to overturn his military commission conviction for conspiracy to commit war crimes. In the filing, al Bahlul argues that he was tried for . . .
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Today’s Headlines and Commentary

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Monday, August 4, 2014 at 2:19 PM

Israel has resumed attacks on the Gaza after a self-declared seven-hour cease-fire in effect for much of Monday, reports the Associated Press. Minutes into the cease-fire, Israel’s air force struck a house in a refugee camp in Gaza city, killing an 8-year-old girl and wounding 29 others; the New York Times reports. The Times also reports that a preliminary U.N. review of . . .
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D.C. Circuit Upholds Security Policies in Hatim v. Obama

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Friday, August 1, 2014 at 9:06 PM

Today the D.C. Circuit handed down its decision in the “counsel access” case, upholding the constitutionality of security procedures instituted at Guantanamo in 2012 and 2013. The panel decision, written by Judge Griffith for himself, Chief Judge Garland and Judge Henderson, reverses Chief Judge Royce Lamberth’s July 11, 2013 ruling partially invalidating the procedures on the grounds that . . .
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Today’s Headlines and Commentary

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Friday, August 1, 2014 at 11:10 AM

The New York Times reports that the 72-hour Gaza cease-fire negotiated by the United States and United Nations collapsed less than two hours after going into effect this morning (05:00 GMT); Israel says two soldiers have been killed and another appears to have been captured, while Gaza health officials report that 35 Palestinians have been killed and over . . .
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Today’s Headlines and Commentary

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Monday, July 21, 2014 at 9:05 AM

Day 14. Just about every media outlet in the country is reporting that the bloodshed in Gaza hit a horrific high this weekend, with the Associated Press, for example, reporting that at least 508 Palestinians and 20 Israelis have died in the two-week conflict. President Obama has called for an “immediate cease-fire,” writes the Guardian, and Secretary of State John . . .
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USG Files Opening Brief in Klayman Appeal

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Tuesday, July 15, 2014 at 10:00 AM

Yesterday the government filed its opening brief in Klayman v. Obama, in a bid to overturn D.C. District Court Judge Richard J. Leon’s December 16 ruling requiring the government to cease collecting, and to destroy, any Section 215 metadata associated with plaintiffs Larry Klayman and Charles Strange. By way of background: last year, the district court consolidated two putative, . . .
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Today’s Headlines and Commentary

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Monday, July 14, 2014 at 11:22 AM

According to the Wall Street Journal, the “convergence of security crises” from the Middle East to the South China Sea marks a “breadth of global instability” unseen since the late 1970s. And on that note, we plunge into weekend world developments: The Associated Press reports that thousands of Palestinian residents of the northern Gaza Strip . . .
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Today’s Headlines and Commentary

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Monday, July 7, 2014 at 12:03 PM

The Associated Press reported yesterday that Israel arrested six Jewish suspects on Sunday for the murder of Mohammed Abu Khdeir, a Palestinian teenager who was burned alive last week.  The horrific attack set off violent protests throughout the Arab sections of the country.  The AP is now reporting that three of the suspects have confessed.  The Post reports that Israeli Prime Minister . . .
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Pre-Abu Khattala: Yunis, That 1987 Shipboard Terrorist Interrogation Case

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Tuesday, July 1, 2014 at 10:00 AM

Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of course, but there are also some older ones—one of which, in particular, may have precedential value for the . . .
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Today’s Headlines and Commentary

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Monday, June 30, 2014 at 11:40 AM

The New York Times reports this morning that weeks before Blackwater guards massacred 17 civilians at Bagdad’s Nisour Square in 2007, the State Department abandoned an inquiry into the security contractor’s operations when Blackwater’s top manager threatened to kill the government’s chief investigator and declared “no one could or would do anything about it as we were . . .
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Section 702-Based Relief Denied in United States v. Mohamud

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Thursday, June 26, 2014 at 1:28 PM

Mohamed Osman Mohamud, a Somali-born American citizen, was convicted in January of last year of attempting to detonate a weapon of mass destruction after he tried to set off what he thought was a car bomb in a crowded Portland square. The bomb was in fact a fake supplied to the 19-year-old by federal agents as part of a sting . . .
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Second Circuit Releases Redacted OLC Drone Memo

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Monday, June 23, 2014 at 3:07 PM

The Second Circuit has just released a redacted version of the OLC Drone Memo–here is the memo; here is the panel’s full, revised April 21, 2014 decision with the memo appended at page 67. You’ll recall that back in April, a three-judge panel (comprising Judges Newman, Cabranes and Pooler) reversed a lower court decision dismissing the ACLU’s suit for release . . .
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