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Tag Archives: Rasul

Global (Statutory) Habeas After Aamer

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Wednesday, June 25, 2014 at 4:00 PM

As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers’ National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequences of the D.C. Circuit’s February 2014 decision in Aamer v. Obama—about which I’ve blogged a fair amount previously. Recall that, in Aamer, the D.C. Circuit held that the Supreme Court’s decision . . .
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Oral Argument Summary: Al Laithi v Rumsfeld

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Saturday, February 22, 2014 at 12:00 PM

The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v. Rumsfeld. It is full mostly with a large number of students—apparently both college and law-school-age students—who fill the four back-most rows. Al Laithi is a bit of a weird case for students to use as an entry point into the Guantanamo discussion: It . . .
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Obama v. Bush on Counterterrorism Policy

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Sunday, November 11, 2012 at 1:18 AM

I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term.  But there’s one aspect of how Jack frames the discussion that I disagree with somewhat.  Because a number of other commentators seem to use the same basic framing, I thought I’d . . .
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David Remes’ Overview of the GTMO Counsel Access Dispute

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Thursday, August 16, 2012 at 1:47 PM

David Remes, an attorney for Guantanamo habeas petitioners Uthman and Esmail, has sent in this overview of the ongoing Guantanamo counsel access dispute. In brief: Remes and others recently objected to the Department of Justice’s proposed “Memorandum of Understanding,” or “MOU” – which would, among other things, regulate future meetings between Remes and his two clients, . . .
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Andrew Kent on Al Aulaqi and Bivens

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Friday, August 3, 2012 at 7:44 AM

I am normally pretty good about keeping up with my Lawfare-related email, but sometimes, an important emails slips through the cracks. Andrew Kent of Fordham Law School sent me this comment on my post on the new Al Aulaqi suit some time ago. I only just noticed it yesterday, however. As the issues it discusses . . .
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Orin Kerr on the Role of the SCOTUS

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Wednesday, March 28, 2012 at 8:12 AM

Comparing the role of the Supreme Court in the health care debate and the national security debate, Orin Kerr writes at Volokh Conspiracy: If the Court does end up striking down the mandate, this will be the second consecutive presidency in which the Supreme Court imposed significant limits on the primary agenda of the sitting . . .
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Mea Culpa: Steve Vladeck

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Monday, September 12, 2011 at 10:58 AM

 Steve Vladeck is a professor of law (and Associate Dean for Scholarship) at American University Washington College of Law.  Steve is the author of many terrific articles relating to national security and the law, including “The New Habeas Revisionism” in Harvard Law Review.  Steve also has been heavily involved in writing amicus briefs in security-related . . .
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Mea Culpa: Jonathan Hafetz

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Saturday, September 10, 2011 at 1:04 PM

Jonathan Hafetz, a habeas lawyer and law professor at Seton Hall University School of Law and the author of  Habeas Corpus after 9/11: Confronting America’s New Global Detention System, writes in with the following in connection with Lawfare’s 9/11 10th Anniversary Project: The central challenge facing lawyers in the early days of the Guantánamo habeas corpus litigation . . .
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Sabin Willett on the Kiyemba Cert Denial

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Thursday, April 21, 2011 at 2:26 PM

If a person can’t be troubled to agree with me, the very least he can do is to write good prose. Man, oh man, can Sabin Willett write good prose! Willett, who represented the Uighurs in their Supreme Court case, sent in the following. I will let it speak for itself:   Requiem for a . . .
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