Terrorism & Violent Extremism

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Remembering Abu Ghraib (2): Not Company Men and Women

[This is the second of a two-part post on the tenth anniversary of the Abu Ghraib scandal. I broke it up for easier reading. The first part is here.] Most people will comply but some…
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Remembering Abu Ghraib (1): Torture Everywhere and the Accountability Gap

[This is the first of a two-part post on the tenth anniversary of the Abu Ghraib scandal. I’ve broken it in half for easier reading.] No exceptional circumstances whatsoever,…
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Secrets Revealed: The Government’s No Fly List Arguments Aren’t Flying

Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…
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Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein

A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
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Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?

Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…
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The Second Circuit and the Vices of Selective Disclosure

I’ve now had a full day to digest yesterday’s lengthy decision by the Second Circuit in New York Times v. Department of Justice, which, among other things, orders…
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Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified

As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…
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Ongoing “Drone Strikes” in Yemen Raise Four Questions

From Saturday to Monday morning, the US has reportedly been carrying out a series of air strikes in Yemen, delivering multiple blows to Al Qaeda in the Arabian Peninsula (AQAP).…
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Second Circuit Orders Release of Redacted OLC Aulaqi Memo

A big morning for courts and national security… next up is this immensely significant decision from the Second Circuit in New York Times v. Department of Justice, which,…
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Justice Breyer’s Concurrence in Hussain

As Marty predicted back in March, the Supreme Court’s denial of certiorari this morning in the latest Guantánamo case to reach the Court–Hussain v. Obama–came…
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In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense

To say it has been an eventful week for the military commissions in Guantanamo might be an understatement.  As Ruchi has covered each morning this week in the Early Edition, the…
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State of play of the SSCI report on the CIA interrogation program: the relationship between declassification and disclosure

Last Thursday, Senator Diane Feinstein, the Chairman of the Senate Select Committee on Intelligence (SSCI), issued a statement that the SSCI had voted that afternoon “to…
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