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1 Aug 2018, 8:34 am by Jenna Consigli
These fighters raise a different set of legal issues than do foreign fighters—for one thing, the administration lacks any statutory authority to try Americans by military commission at Guantanamo Bay. [read post]
31 Jul 2018, 9:24 am by Jim Martin
  In holding that aliens designated as enemy combatants and detained at the United States Naval Station at Guantanamo Bay, Cuba, were entitled to the constitutional protections of habeas corpus, Kennedy wrote The laws and Constitution are designed to survive, and remain in force, in extraordinary times. [read post]
24 Jul 2018, 6:50 am by Allan Blutstein
.) -- following in camera review of five documents pertaining to proposed closing of Guantanamo Bay detention center, concluding that: (1) agency improperly relied on deliberative process privilege to withhold information about actual costs of housing various prisoners; (2) agency properly invoked deliberative process privilege to withhold projected costs of moving Guantanamo Bay prisoners; and (3) agency properly withheld draft email pursuant to deliberative… [read post]
17 Jul 2018, 1:45 pm by Eversheds Sutherland
Naval Station Guantanamo Bay Cuba would not constitute an “export” subject to DOE’s jurisdiction under Natural Gas Act section 3(a). [read post]
3 Jul 2018, 4:29 pm by Pratheepan Gulasekaram
Bush administration’s initial attempt to use military tribunals to try enemy combatants from Guantanamo Bay. [read post]
At the time, Bormann was working as a defense attorney for a member of al-Qaeda who was being held at Guantanamo Bay while facing charges pertaining to the terrorist attack that happened on September 11, 2001. [read post]
29 Jun 2018, 7:39 am by Richard M. Re
How can someone overcome national-security deference to the political branches when alleged terrorists are held at Guantanamo Bay, but yield in the face of the Trump travel ban? [read post]
28 Jun 2018, 2:48 pm by Edith Roberts
When then-candidate Donald Trump released his first two lists of potential Supreme Court nominees in May and September of 2016, the omission of Judge Brett Kavanaugh of the U.S. [read post]
28 Jun 2018, 11:49 am by Victoria Clark
A new parliamentary report claims Britain knew “beyond doubt” that the U.S. was mistreating detainees in Afghanistan, Iraq, and Guantanamo Bay following the 9/11 attacks, according to BBC. [read post]
27 Jun 2018, 6:35 pm by Immigration Prof
Bush, finding Guantanamo Bay detainees to be constitutionally entitled to pursue habeas relief in federal courts. [read post]
26 Jun 2018, 8:15 am by Jennifer
BACKGROUND: Increasing attention, mostly in the field of IHL, has been drawn in recent years to detention practices and their legal basis, ranging from the treatment or prolonged detention of militants or suspects of alleged acts of terrorism (Guantanamo Bay, internments in Iraq, Afghanistan, but also in European countries, detention by multinational forces, peace support operations), treatment of “foreign fighters”, to the most recent controversies caused by… [read post]
22 Jun 2018, 11:47 am by Mark Walsh
Air Force appeals court also served on the Court of Military Commission Review, which reviews decisions from Guantanamo Bay. [read post]
22 Jun 2018, 8:55 am by Victoria Clark
Paracha, a Pakistani national who has been detained at Guantanamo Bay since 2004, initially filed his petition on Sept. 26, 2017 after the U.S. [read post]
21 Jun 2018, 10:10 am by Amy Howe
Court of Military Commission Review (CMCR), which Congress created to hear appeals from military commissions such as the one in Guantanamo Bay, Cuba. [read post]
21 Jun 2018, 7:51 am by Akira Tomlinson
Judge Royce Lamberth overturned the contempt conviction of Marine Brigadier General John Baker, chief defense counsel at the Guantánamo Bay military tribunals. [read post]
20 Jun 2018, 11:30 am by Amy Howe
Court of Military Commission Review (CMCR), which Congress created to hear appeals from military commissions such as the one in Guantanamo Bay, Cuba. [read post]
25 May 2018, 9:21 pm
Although many of the members of this cohort were not originally communists or Marxists, their political trajectory was marked by their autonomous taking  sides about the “Fidelist” decision to adopt communism in the verge of the Bay of Pigs invasion in 1961. [read post]
25 May 2018, 10:03 am by Scott R. Anderson
The detention facility at Guantanamo Bay raises additional issues. [read post]
21 May 2018, 9:30 pm by Dan Ernst
  Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes.This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present.Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate… [read post]
19 May 2018, 7:17 am by Rachel Bercovitz
” On Tuesday’s Lawfare podcast, Benjamin Wittes spoke with Amanda Tyler at the Hoover Book Soiree on her new book, “Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay. [read post]