Latest in Detention

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Documents: Government Response to Court Order in ACLU v. Mattis and Response Briefs

On Nov. 30, the Justice Department responded to D.C. District Court Judge Tanya Chutkan's order in ACLU v. Mattis for the government to say whether the unnamed American citizen detainee being held as an enemy combatant had requested counsel and whether he invoked his right to habeas corpus. The ACLU then filed a reponse brief. On Dec. 1, the Justice Department filed a response opposing the ACLU's brief.

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Questions Senators Should Ask at the AUMF Hearing Regarding the US Citizen Enemy Combatant

On October 30th, the Senate Committee on Foreign Relations will hold a hearing titled "The Authorizations for Use of Military Force: Adminstration Perspective," featuring Secretaries Mattis and Tillerson.  This is a good thing.  We should have an updated AUMF.  But, failing that, we should at least have regular and serious hearings in which Congress elicits information about how the President currently

Detention

The Lawfare Podcast, Bonus Edition: Steve Vladeck on Detaining an American Enemy Combatant

When an American ISIS fighter turned himself in to Syrian Democratic Forces last month, the subsequent detention of the unnamed enemy combatant by U.S. forces sparked concern. To explore the implications of John Doe’s detention, Steve Vladeck joined Benjamin Wittes for a lively debate on the level of alarm that the American citizen held in military custody should raise.

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