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Posts by Jane Chong

Jane Chong is a 2014 graduate of Yale Law School. She researched 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.

Government Files Response in Allaithi v. Rumsfeld

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Wednesday, October 22, 2014 at 12:48 PM

The government has filed its response to six Guantanamo detainees’ August 25, 2014 petition for en banc rehearing in Allaithi v. Rumsfeld. The detainees argued that (1) the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., 134 S. Ct. 2751 (2014) established that they were entitled to freedom from substantial burdens on their . . .
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Government Files Response in Hatim v. Obama

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Tuesday, October 14, 2014 at 4:30 PM

Today the government filed a short response to the detainees’ petition for an en banc rehearing in Hatim v. Obama, the Guantanamo counsel-access case. Recall that last month the D.C. Circuit ordered the United States to respond to a joint motion filed by Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif. The detainees are seeking review of a . . .
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Plaintiffs File Reply in Klayman v. Obama

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Tuesday, October 7, 2014 at 11:51 PM

Last Friday plaintiffs (appellees/cross-appellants) in Klayman v. Obama filed their reply to the government’s response and reply brief. The plaintiffs’ new 38-page filing largely reiterates arguments from their August 13, 2014 brief—for example, contending again that Riley v. California, 134 S. Ct. 2473 (2014) changes the precedential effect of Smith v. Maryland: “The Supreme Court’s modern up-to-date view of today’s cellular . . .
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Oral Argument Tomorrow in Under Seal v. Holder

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Tuesday, October 7, 2014 at 10:23 PM

Speaking of National Security Letter (NSL) challenges: tomorrow morning Judges Ikuta, N. Randy Smith and Murguia of the Ninth Circuit will hear oral argument in In re National Security Letter, Under Seal v. Holder. These cases are sealed, but the Court has ordered the disclosure of party briefs and other documents, available here. [Just a note: Nos. . . .
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Fourth Circuit Affirms Refusal to Vacate Sentence in United States v. Abu Ali

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Tuesday, October 7, 2014 at 4:04 PM

In an unpublished per curiam opinion, Chief Judge Traxler and Judges Wilkinson and Motz of the Fourth Circuit today dismissed Ahmed Omar Abu Ali’s bid to overturn the district court’s 2012 order denying relief on his 28 U.S.C. § 2255 motion to vacate his sentence. Some background: Abu Ali—a U.S. citizen born in Texas and . . .
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Petitioner Files Reply in Bahlul v. United States

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Tuesday, October 7, 2014 at 4:00 PM

Petitioner Ali al-Bahlul filed his reply brief yesterday in Bahlul v. United States, the D.C. Circuit case that will decide whether a military commission may render a stand-alone conspiracy conviction. In the new filing, petitioner makes a point of rejecting the government’s claim for plain error review before elaborating on the four arguments put forth in his opening brief. The argument . . .
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Judge Kessler Orders Release of Guantanamo Force-Feeding Videos

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Friday, October 3, 2014 at 7:30 PM

An important development today in Dhiab v. Obama: over the government’s objections, D.C. District Court Judge Gladys Kessler has ordered the unsealing of secret videos that show Guantanamo Bay prisoner Abu Wa’el Dhiab being forcibly extracted from his cell and force-fed. Back in June, a number of media outlets, including the New York Times and the Associated Press, sought . . .
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Government Files Reply in Klayman v. Obama, ACLU Moves to Participate in Oral Argument

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Tuesday, September 23, 2014 at 9:20 AM

On Friday the government filed its response and reply brief in Klayman v. Obama, (1) arguing that the Judge Richard Leon erred in granting plaintiff-appellee-cross-appellants a preliminary injunction against Section 215 bulk telephony-metadata collection and (2) countering Klayman et al.’s cross-appeal for additional preliminary injunctive relief against government programs that involve “internet data surveillance activity.” Most of . . .
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Government Files Response in Al Bahlul v. United States

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Thursday, September 18, 2014 at 6:57 AM

Last month Guantanamo detainee Ali al Bahlul filed his opening brief in Al Bahlul v. United States, in a bid to overturn his conviction for conspiracy to commit war crimes, the single military commission conviction against Bahlul that the D.C. Circuit left standing in its July 14, 2014 en banc ruling (the court vacated his convictions for material support and . . .
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Appellees File for En Banc Rehearing in Hatim v. Obama

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Tuesday, September 16, 2014 at 10:00 AM

Yesterday petitioner-appellees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif filed a joint motion for en banc rehearing in Hatim v. Obama, the counsel access case. The detainees seek review of a three-judge D.C. Circuit panel’s August 1, 2014 decision upholding the constitutionality of security procedures instituted at Guantanamo in 2012 and 2013, including genital searches before and after detainees . . .
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Motions to Televise Oral Argument in Klayman v. Obama

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Tuesday, September 16, 2014 at 8:38 AM

Last week appellees in Klayman v. Obama filed a motion for the court’s leave to televise the oral argument, scheduled for November 4, 2014. The D.C. Circuit denied that motion yesterday, prompting appellees to immediately file a substantially similar motion for rehearing en banc. The seven-page motion for an en banc rehearing regarding the decision begins and ends . . .
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Cyborgs! Law and Policy Implications

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Friday, September 5, 2014 at 10:27 AM

And now for something completely different: Cyborgs. No, this is not a joke. For years, certain technology enthusiasts have floated variations on the question of whether we are becoming cyborgs—or already are cyborgs. In our newly released paper, titled “Our Cyborg Future: Law and Policy Implications,” we take a different, more legal angle. The law remains embryonic on . . .
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Today’s Headlines and Commentary

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Monday, September 1, 2014 at 11:27 AM

On Sunday, Russian President Vladimir Putin called for immediate talks on “the statehood” of southeastern Ukraine, a “vague and provocative turn of phrase,” notes the New York Times, that comes only days after Putin upped the rhetorical ante with an address hailing the success of “the militias of Novorossiya,” or New Russia. Reuters writes that while the Western media . . .
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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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