due process

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Brennan’s Due Process Case Against the White House

In an unprecedented move, the White House announced that President Donald Trump was revoking the security clearance of John Brennan, the CIA director in the Obama administration.…

UN Working Group: Indefinite Detention of Gitmo Detainee Violates Human Rights Law

The Jan. 24 findings of the UN Working Group on Arbitrary Detention conclude that the continued detention of Ammar al Baluchi at Guantanamo Bay is arbitrary, discriminatory, and…

Al-Alwi and the Unraveling of Detention Authority at the End of Active Hostilities

Last week, President Trump issued a new executive order reversing the 2009 executive order that had ordered the closure of detention facility at Guantanamo Bay, Cuba and re-asserting…

Today’s Mass Guantanamo Habeas Petition and the Ongoing Human Cost of America’s “Battle Lab”

Today, the Guantanamo prison enters its 17th year. 41 Muslim men still languish there, trapped in an ever-present reminder of their captors’ official experiment with torture.…
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Donald Trump and the Ghosts of Joseph McCarthy

Following the mass shooting at Pulse nightclub in Orlando, presumptive Republican presidential nominee and celebrity businessman Donald Trump repeatedly implied that President…
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McCain’s Hearing Threat and the Bergdahl Court-Martial

Last month, Sen. John McCain (R-Ariz.), chair of the Senate Armed Services Committee, stated his opinion that Army Sgt. Bowe Bergdahl, who is currently facing charges before a…
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Congressional Due Process Failure: A Benghazi Example

The consequences of congressional scrutiny can be profound for the subjects of lawmakers’ investigations, yet the second Congress calls, almost none of the safeguards of the…
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Diplomatic Assurances, Torture, and Judicial Review:
The Bimenyimana Appeal

Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the…
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Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes

The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
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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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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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