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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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Ninth Circuit Grants En Banc Rehearing in Posse Comitatus / Unlawful Surveillance Case

Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…
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Perfidy, ambush, snipers, and the COLE bombing (al Nashiri) case

Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…
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Salvadoran General Deemed Deportable In the Absence of Criminal Charges

UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…
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Why Wikipedia is Suing the NSA

This week, the Wikimedia Foundation, sued the NSA over surveillance efforts taking place on US soil, specifically the “upstream” collection of Internet data in an effort to…
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Supreme Court Denies Cert in Samantar v. Yousuf

On Monday, the US Supreme Court denied certiorari in Samantar v. Yousuf, ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing…
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Wikimedia Sues the NSA

This morning, the organization behind Wikipedia, the Wikimedia Foundation, sued the NSA, the Office of the Director of National Intelligence, the Justice Department, and their…
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End of War = End of Detention? Taliban detainee files renewed habeas petition

At year’s end, I examined here the possible legal significance of the President’s declaration on December 28 that “our combat mission in Afghanistan is ending,…
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General Martins on the Shrinking Military Commissions

Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
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Al-Nashiri can now speak about his treatment … plus news about full SSCI Report

[Editor’s note: This post was originally published at 9:00 PM E.S.T. on February 22, 2015] Two weeks ago, I reported here that the prosecution had submitted motions to the…
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The Shrinking Military Commissions, Redux

Back in January, I wrote a post about the Convening Authority’s decision to “disapprove” the findings and sentence in the Guantánamo military commission trial…
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Authorization vs. Regulation of Detention: What Serdar Mohammed v. MoD Got Right and Wrong

The UK Court of Appeal will soon hear the appeal in Serdar Mohammed v. Ministry of Defense, a highly important case in which the UK High Court held that the long-term detention…
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