Anyone following the Guantánamo military commissions would do well to read Bob Loeb and Helen Klein's trenchant take on last Friday's D.C. Circuit decision in In re Khadr, in which the Court of Appeals declined to issue a writ of mandamus even while agreeing that there may be a serious question "whether the civilians who serve as judges on the U.S.
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Well, we can count one vote on the DC Circuit for upholding the Section 215 program against Larry Klayman's Fourth Amendment challenge.
Over the last few weeks, Congress and the White House have been circling one another, angling for that final bit of leverage that will define whether President Obama does or does not get to fulfill his first-week-in-office pledge to shutter the Guantanamo Bay detention facility. In the last few days, the maneuvering has even come to include open suggestions of an out-and-out clash between executive and legislative war powers.
This morning, a three-judge D.C.