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15 Jul 2014, 1:58 pm by Robert Chesney
What domestic or international legal precedents exist for holding States or individuals accountable in the recent conflict in Afghanistan, for example? [read post]
14 Jul 2014, 10:08 am by Lyle Denniston
  (Guantanamo detainees up to now have had only one constitutional right: to pursue habeas challenges to their continued detention.) [read post]
8 Jul 2014, 3:32 pm by Lindsay Stafford Mader
Though access to detained children is strictly regulated, once released, they and their families are desperate for legal assistance. [read post]
2 Jul 2014, 10:42 am
With an increase and funding and resources, those migrants who have to be detained can finally spend that detention time in adequate facilities. [read post]
1 Jul 2014, 7:01 pm by Benjamin Wittes
Without the defendant’s detention, he could communicate and further conspire with many of those extremist individuals. [read post]
To start, the agency can prevent the unconstitutional and costly detention of immigrants by requiring a custody hearing before an immigration judge for everyone detained more than six months--as is already required in some regions. [read post]
23 Jun 2014, 1:07 pm by Benjamin Wittes
Moreover, lower courts have relied on Hamdi “to conclude that the AUMF authorizes DoD to detain individuals who are part of al-Qaida even if they are apprehended and transferred to U.S. custody while not on a traditional battlefield. [read post]
23 Jun 2014, 4:00 am by Wells Bennett
The authority to use force includes the authority to detain combatants. [read post]
19 Jun 2014, 1:30 pm by Steve Vladeck
Tom Cotton: None of the funds appropriated or otherwise made available by this Act may be used to transfer or release any individual detained at United States Naval Station, Guantanamo Bay, Cuba to the individual’s country of origin or to any other foreign country. [read post]
18 Jun 2014, 11:43 am by Steve Vladeck
But I was a bit surprised to find in John’s post an effort to re-litigate the objections of unnamed “civil liberties groups” to detentions at Guantánamo: [C]ivil liberties groups have been disingenuous in suggesting that every individual detained or turned over to the U.S. military in Afghanistan in 2001/2002 could and should have been prosecuted in federal court, or else released. . [read post]
6 Jun 2014, 7:23 am by John Bellinger
”  I responded that: If President Obama wants to close Guantanamo, or reduce the number of individuals held there, he will need bipartisan political support, and trying to pin blame on others is not a productive way to get them to help him solve the problem. [read post]
31 May 2014, 5:49 am by Tara Hofbauer
Jack looked at Senator Corker’s Washington Post op-ed and wondered whether the Obama administration actually intends to pursue AUMF reform or if it will in the future rely on Article II alone in detaining individuals at GTMO. [read post]
30 May 2014, 12:40 pm by Ken Chan
In Endo, the appellant filed a petition for writ of habeas corpus challenging her detention at the Tule Lake War Relocation Center. [read post]
26 May 2014, 11:37 am by Andrew Delaney
In general, there’s a requirement that to prevent stream-channel degradation, stormwater be detained in storage for 12 to 24 hours. [read post]
16 May 2014, 3:51 pm by owner
Ohio, 392 U.S. 1 (1968), where the United States Supreme Court held that an officer may conduct a brief stop or detention of a person based on a reasonable suspicion consisting of specific and articulable facts that the person detained is involved in criminal activity. [read post]
16 May 2014, 11:02 am by Lyle Denniston
The government stressed that it continues to follow the policy, in deciding which other country might be a destination for a detainee released from Guantanamo, that it will not send an individual to a country where there is a real prospect of the individual being tortured. [read post]
15 May 2014, 12:05 pm by Wells Bennett
The AUMF provides authority to detain these individuals within the United States and transfer them out of the United States. [read post]