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Tag Archives: Faisal Shahzad

Thoughts In Response to Spencer Ackerman #1

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Sunday, October 2, 2011 at 6:11 PM

Over at Attackerman, Spencer Ackerman has written two posts (here and here) posing challenging question about the legality of the Al Aulaqi strike; in the second post, he also critiques my earlier due process analysis of when a strike against a U.S. citizen can be lawful. Spencer raises several distinct questions in two admirably brief . . .
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The Inevitability of Military Detention

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Thursday, October 7, 2010 at 8:02 AM

Largely overlooked in Judge Kaplan’s Ghailani Order is his statement that Ghailani’s “status as an ‘enemy combatant’ probably would permit his detention as something akin to prisoner of war until hostilities between the United States and Al Qaeda and the Taliban end even if he were found not guilty in this case.”  Attorney General Eric Holder . . .
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In Defense of Hand-Wringing

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Wednesday, October 6, 2010 at 3:53 PM

When I wrote my post this morning on the debate over the Shahzad sentence, I hadn’t yet read the New York Times’s editorial insisting that “Supporters of the tribunals at Guantánamo Bay, Cuba, who insist military justice, not the federal courts, is the best way to deal with terrorists, should pay close attention to Tuesday’s events . . .
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Key Witness Excluded in Ghailani Prosecution

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Wednesday, October 6, 2010 at 2:19 PM

Ben points out that one can easily overstate the lessons to be learned from yesterday’s life sentence for Faizal Shahzad, it terms of the debate concerning civilian prosecution/military prosecution/military detention.  Much the same no doubt can be said about today’s decision excluding a key government witness from testifying in the Ghailani case. [UPDATE: for more . . .
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The Bumper Sticker Approach to Editorials

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Wednesday, October 6, 2010 at 1:16 PM

The New York Times editorial page today notes that the Faizal Shahzad prosecution culimatined in a life sentence within less than six months of his attempt to bomb Times Square, and points out the rather sharp contrast this makes in comparison to the progress of miltiary commissions.  That’s a very effective point, and it would have . . .
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Shahzad Proves Nothing But It Wasn’t Luck

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Wednesday, October 6, 2010 at 7:38 AM

Josh Gerstein of the Politico has an excellent story on the dumb debate going on over how to read the life sentence Faisal Shahzad received yesterday. Here’s the White House: “We are pleased that this terrorist has been sentenced to spend the rest of his life in prison, after providing substantial intelligence to our interrogators, . . .
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