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Just Security

Closing GTMO: “Why wasn’t there a clearly delineated strategy?”

It’s not even the most glaring error in Dina Temple-Raston’s review of Charlie Savage’s Power Wars, but this passage sure does stand out: While the issue of closing…
Just Security

Ten National Security Oversight Issues to Watch in 2016

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

What explains the three-year delay on the Slahi habeas petition?

As Ben Wittes notes over at Lawfare, last week Judge Royce Lamberth denied a motion by habeas petitioner Mohamedou Ould Slahi to require the Department of Defense to expedite…
Just Security

The Worst of the Worst? What al-Shamiri’s Case Tells Us About Gitmo Detainees

Earlier this month, the US government revealed that Guantánamo detainee Mustafa al-Aziz al-Shamiri was a low-level fighter, not the al-Qaeda courier and trainer the government…
Just Security

Don’t Forget the Other Legal Issues in the 9/11 Trial

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases

These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
Just Security

The More Things Stay the Same: Another Week of Military Commission Hearings

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

Counting to Six in Al Bahlul IV

I have nothing of substance to add to Marty’s excellent recap of this morning’s en banc D.C. Circuit oral argument in “Al Bahlul IV,” and agree with him entirely that…
Just Security

Reflections from the en banc al Bahlul oral argument

The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…
Just Security

Abstention and the “Other” D.C. Circuit Military Commission Appeal

Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
Just Security

We Don’t Need to Broaden Military Commissions’ Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Just Security

Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…
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