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Guest Post: DoD Directive 2310.01E

As Steve Vladeck noted yesterday, the Department of Defense is out with a new version of its Directive 2310.01E on detainee operations. Steve asks the big question: why now?…
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Hope for Yemeni Detainees?

Over at Politico, Josh Gerstein reports that the Obama administration has broken its self-imposed suspension of transfers to Yemen and sent two long-term detainees from U.S. military…
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Cert. petition in Ali accepts Justice Breyer’s invitation

As I posted back in April, Justice Breyer issued a statement respecting denial of certiorari in the case of Hussain v. Obama in which he more or less invited Guantánamo habeas…
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Untold History of the Torture Program

In this morning’s Los Angeles Times, Larry Siems and I have an op-ed about the soldiers and public servants who tried to expose and end the torture program.  It begins: After…
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Medical Repatriation of Aging Guantanamo Detainees: The case of Al-Adahi

Mohammed Al-Adahi, a Yemeni national who has been detained at Guantanamo for more than 12 years and was approved for conditional release in 2010, has been described by his lawyers…
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Fifth Circuit on Extraterritorial Application of Fourth and Fifth Amendments

On the heels of this morning’s Fourth Circuit decision in the Abu Ghraib case comes another significant circuit-level decision–this one from the Fifth Circuit. The…
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A Rejoinder to Jeff Kahn on Latif and Fundamental Rights

In Jeff Kahn’s response today to my post last week about American citizens’ right not to be stranded abroad by their government, Jeff asks more about my views: “Is international…
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A Reply to Margo Schlanger on Latif and Fundamental Rights

Margo Schlanger’s post on Thursday takes as its “vital point” the right of an American citizen to reenter the United States. Margo is responding to Tuesday’s news about…
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Fourth Circuit Holds Abu Ghraib Torture Claims Not Barred by Kiobel

Although it will likely be overtaken by the news set to come out of the Supreme Court later this morning, the Fourth Circuit has handed down a very big decision in the ongoing…
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Abu Khattalah and the Evolution of Ship-Based Detention

The N.Y. Times reports that Ahmed Abu Khattalah arrived in Washington, D.C., this morning by helicopter following his transport across the Atlantic on a Navy warship.  Khattalah,…
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The Bigger No Fly List Problem

Yesterday, Judge Anna Brown issued her much-anticipated opinion in Latif v. Holder, in the U.S. District Court for the District of Oregon. As Jennifer Daskal explained in her excellent…
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The Latest No Fly List Ruling: A Very Big Deal!

As Steve has already noted, the District Court of Oregon yesterday, in Latif v. Holder, issued a “Very Big Deal” opinion ruling that the No Fly List redress procedures violated…
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