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Tag Archives: Center for Constitutional Rights

A Recap of Friday’s Oral Arguments in Al-Aulaqi v. Panetta

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Friday, July 19, 2013 at 7:22 PM

Despite the day (TGIF!), the weather (95 degrees and rising), and other developing national security news, the E. Barrett Prettyman Courthouse security checkpoint was brimming with people primed to hear oral arguments on the defendants’ motion to dismiss in Al-Aulaqi v. Panetta. This being Washington in the summer, interns were predictably everywhere: at the defendants’ . . .
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The Manning Public Access Litigation Moves to District Court

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Thursday, May 23, 2013 at 11:17 AM

Before it gets lost in the coverage of this afternoon’s speech by the President, I wanted to flag a very important development in the ongoing saga that is the Bradley Manning court-martial. Folks may recall my post from about a month ago on the sharply divided decision by the Court of Appeals for the Armed . . .
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CAAF Rejects Jurisdiction Over Bradley Manning Court-Martial Public Access Claims

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Wednesday, April 17, 2013 at 1:21 PM

Regular readers may recall my and Wells‘s posts on the public/media access issues that arose out of the 9/11 military commission trial, along with the (in my view, erroneous) resolution of the ACLU and media appeals last month by the U.S. Court of Military Commission Review. While all that was going on, a remarkably similar issue . . .
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David Remes on My Reaction to the Taliban’s Reaction to the Guantanamo Hunger Strikes

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Wednesday, March 13, 2013 at 6:08 AM

Habeas lawyer David Remes, who represents Guantanano detainees, writes in with the following comment on the Guantanamo hunger strikes, and Steve’s, my and the Taliban’s response to them: Several days ago, Steve Vladeck noted the release of a letter by the Center for Constitutional Rights and individual habeas attorneys calling attention to the mass hunger strike by detainees at Guantanamo and . . .
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New Trouble @ Guantánamo: Counsel Letter re: the Camp 6 Hunger Strike

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Monday, March 4, 2013 at 4:16 PM

Via the Center for Constitutional Rights comes news of this alarming development–“that most of the men at Guantánamo have been on hunger strike for more than three weeks,” apparently in response to a series of incidents in which camp personnel have confiscated “detainees’ personal items, including blankets, sheets, towels, mats, razors, toothbrushes, books, family photos, religious . . .
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In Defense of the Administration on Targeted Killing of Americans

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Wednesday, February 27, 2013 at 10:00 AM

In writing my testimony for today’s House Judiciary Committee hearing on drones and targeted killing of U.S. citizens overseas, I found myself writing a more complete explication of the essential legal rationale underlying the administration’s position on the subject than I have, to date, set down in one place. Some of it was drawn from . . .
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U.N. Complaint Over Failure to Prosecute George W. Bush Filed—Against Canada

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Sunday, November 18, 2012 at 3:36 PM

No, you didn’t read that wrong. And no, this isn’t an episode of South Park. The Center for Constitutional Rights and the Canadian Centre for International Justice have filed a complaint with the Geneva-based U.N. Committee Against Torture—which oversees compliance with the Torture Convention—over Canada’s failure to prosecute former President Bush for torture. Last year, four former . . .
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Readings: David Cole on Civil Society and Individual Rights After 9/11

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Saturday, November 17, 2012 at 7:22 PM

Georgetown law professor David Cole has a new article up on SSRN, “Where Liberty Lies: Civil Society and Individual Rights after 9/11.”  It offers something of a retrospective on the role of civil society organizations in defending a vision of individual rights under the Constitution in the years following 9/11 – these organizations include, Cole . . .
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Baher Azmy of CCR Responds on Whether Opposition to Commissions Serves GTMO Detainee Interests

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Monday, October 22, 2012 at 11:15 AM

Last week I asked whether per se opposition to military commissions was in the GTMO detainees best interests, where their “interests” were defined as “(a) maximizing [the detainees’] procedural rights, and (b) shortening their time in GTMO.”  I had in the back of my mind people like Hamdan, who likely would still be languishing in military . . .
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Marc Thiessen Asks. I Answer

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Wednesday, July 18, 2012 at 5:37 PM

Over at the AEIdeas blog, Marc Thiessen asks derisively: “Why is the ACLU suiting Panetta, Petraus over Awlaki Killing—But Not President Obama?” He writes: if it’s accountability they want, then why isn’t President Obama a defendant in the suit? After all, a recent New York Times story which reported leaked classified details of the drone . . .
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Aulaqi-Khan Lawsuit: The More You Litigate, the More You Legitimate

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Wednesday, July 18, 2012 at 3:16 PM

In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the end significantly strengthened the legitimacy of such detentions.  I think the same thing will happen as a result of the ACLU-CCR lawsuit on behalf of . . .
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The Aulaqi-Khan Suit: Some Initial Thoughts

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Wednesday, July 18, 2012 at 2:29 PM

I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts: First, this lawsuit does not suffer from the prohibitive standing problem that plagued these groups’ earlier efforts to block prospectively the targeting of Anwar Al-Aulaqi. That case suffered from the basic jurisdictional problem that . . .
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Pardiss Kebriaei on the A-Zahrani Oral Argument

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Monday, October 17, 2011 at 9:36 AM

Pardiss Kebriaei writes in with the following response to my admittedly harsh summary of her D.C. Circuit argument in Al-Zahrani, in which I suggested that she had no good answer to a pretty basic jurisdictional question: You’ve been sitting in the back of the courtroom in the D.C. Circuit long enough to know that when . . .
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Al-Zahrani Oral Argument Mini-Summary

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Thursday, October 6, 2011 at 3:07 PM

I’m not going to do a full oral argument summary of this morning’s case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the families of detainees who died at Guantanamo can bring a Bivens actions in connection with the detention and alleged . . .
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No Appeal in Al-Aulaqi

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Tuesday, February 22, 2011 at 1:55 PM

The deadline for a notice of appeal of Judge Bates’ ruling in Al Aulaqi came and went a few weeks back with no filing from the ACLU and the Center for Constitutional Rights. In response to my queries, the groups today released the following statement: After consultation with our client, the decision has been made . . .
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The Taliban on the Death of Awal Gul

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Sunday, February 6, 2011 at 11:55 AM

In light of the statements released this past week by the Center for Constitutional Rights and lawyers for Awal Gul–the Guantanamo detainee who died of an apparent heart attack–the following statement, apparently issued by the Taliban, is, well, very interesting. Both the CCR statement and statement by Gul’s attorneys either flatly deny or cast strong doubt . . .
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A Death at Guantanamo

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Thursday, February 3, 2011 at 8:55 PM

In other news from Guantanamo, the military has announced the death of one of the detainees: MIAMI —  Joint Task Force-Guantanamo announced today that a detainee died of apparent natural causes late Tuesday evening.  The detainee is identified as Awal Gul, a 48-year-old Afghan.  He arrived at Guantanamo in October 2002. Gul was housed in Camp 6, which . . .
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OFAC Expands Capacity of Designated Entities to Pay for Legal Services

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Wednesday, December 8, 2010 at 11:27 AM

(hat tip: Charlie Dunlap)  OFAC has issued a final rule amending the TSR and GTSR sanction regimes to expand the options for designated entities to pay for certain legal services.  Presumably this is at least indirectly responsive to issues that arose over the past year when the ACLU and CCR sought to represent Anwar al-Aulaqi’s . . .
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Some Thoughts on Judge Bates’ Decision

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Wednesday, December 8, 2010 at 7:33 AM

Five thoughts on Judge Bates’ Al Aulaqi decision: First, as far as I’m concerned, there is really only one surprising thing about the decision, whose holdings any Lawfare reader could have anticipated relatively precisely. The surprise is that Judge Bates reached so many of the justiciability questions the government raised about the suit. He could, . . .
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What ACLU and CCR Won in al-Aulaqi

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Tuesday, December 7, 2010 at 6:32 PM

Judge Bates wrote a solid, careful, and in my view persuasive opinion in al-Aulaqi.  The opinion is clearly a victory for the government.  But it was not without small victories for ACLU, CCR, and others who want to establish judicial limits on presidential targeting authorities.  Consider: