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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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You Can’t Have an “Associated Force” with No Core

There has been lots of commentary already on the newly-released (but heavily-redacted) OLC opinion, so I’ll focus mine on a key point I haven’t yet seen made. The OLC memo…
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Oregon District Court Holds No-Fly List Procedures Violate Due Process

Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
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The OLC’s Drone Memo and International Law’s Ascendance

The long-awaited release of the redacted July 16, 2010 OLC memo is anticlimactic in important respects. Much is still unknown to the point that it is difficult, if not impossible,…
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