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3 Mar 2015, 7:30 am by Jane Chong
Let’s leave aside dramatic examples like the 2011 CIA-led killing of Anwar al-Awlaki, and the second CIA drone strike two weeks later that left his 16-year-old American son, Abdulrahman, dead and his family without legal recourse. [read post]
Government meddling has long been a problem at the Guantánamo Bay military commissions, with the hearings of the last few days offering another crystal-clear example. [read post]
2 Mar 2015, 12:37 pm by Wells Bennett
She insists that the case cannot go forward in piecemeal fashion, so long as the CMCR hasn’t ruled. [read post]
2 Mar 2015, 6:00 am by Jennifer Daskal
It’s an example of a long-term dialogue generating agreement where there used to be sharp disagreement. [read post]
1 Mar 2015, 6:48 pm by Omar Ha-Redeye
 The school attempted to justify the use of breathalyzers using social science evidence: Western Law’s Robert Solomon et al. [read post]
28 Feb 2015, 7:00 am by Sebastian Brady
Pre-trial proceedings in the Al Nashiri military commission continued this week. [read post]
28 Feb 2015, 5:38 am by Alfred Brophy
That Joint Task Force would likely serve as a crucial next step toward genuine reconciliation — helping implement unfinished recommendations, assessing the effectiveness of actions to date and recommending further concrete actions aimed at the kind of justice that fosters comprehensive, systemic and enduring social healing.This proposal for an assessment, implementation and oversight Task Force reflects the new next phase for long-standing, unfinished reconciliation initiatives. [read post]
27 Feb 2015, 12:11 pm by Sebastian Brady
The session was part of ongoing pre-trial proceedings in the case of alleged USS Cole bomber Abd al-Rahim al-Nashiri. [read post]
27 Feb 2015, 12:00 pm by Matt Danzer
Similarly, depending on how long it takes to resolve Chief Judge Pohl’s order abating and stopping the 9/11 case, the order could require that judge to remain at Guantanamo Bay with nothing to do for quite some time. [read post]
27 Feb 2015, 10:37 am by By Chase Strangio, Staff Attorney, ACLU
   Jim Obergefell and John Arthur, long-time residents of Cincinnati, Ohio, had been together over 20 years when John was diagnosed with amyotrophic lateral sclerosis, or ALS, also known as Lou Gehrig’s disease. [read post]
27 Feb 2015, 8:30 am by Steve Vladeck
” Although the 2001 AUMF says nothing about associated forces, I don’t mind codifying their inclusion so long as the codification formally incorporates the Jeh Johnson definition of associated forces of al Qaeda–to wit, “(1) an organized, armed group that has entered the fight alongside al Qaeda, and (2) is a co-belligerent with al Qaeda in hostilities against the United States or its coalition partners. [read post]
26 Feb 2015, 10:03 pm by Lydia Zuraw
“As long as we are at the table and our people can engage in what we believe is the core mission of our agency, that’s where we would be in the discussion. [read post]
26 Feb 2015, 7:00 am by Benjamin Wittes
So an administration that wished to find support for long-term, offensive ground operations under this resolution would merely have to convince itself that those operations would not last long enough to count as “enduring. [read post]
26 Feb 2015, 7:00 am by Robert Chesney
Though the Administration has since added claims under color of the 2001 al Qaeda AUMF (i.e., the statutory foundation for all al Qaeda-related military activity around the world, including not just the Af-Pak region but also Yemen and Somalia to give two pressing examples) and the 2002 Iraq AUMF, it has not backed away from its assertion of Article II authority. [read post]
25 Feb 2015, 12:50 pm by Sebastian Brady
The Long War Journal describes a series of assaults on Iraqi settlements by the group, including one, documented in a jihadi-produced video, that resulted in the seizure of a large weapons cache. [read post]
25 Feb 2015, 11:46 am by Marty Lederman
  If he were correct that deferred action status grants some sort of “legal presence” to covered aliens and is for that reason not statutorily authorized, that rationale would condemn not only DAPA, but also the entire, long history of deferred-action policies, going back decades. [read post]
23 Feb 2015, 4:00 am by Administrator
Dans Montréal c. [read post]