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21 Nov 2011, 11:09 am
Unfortunately, the extradition process can be sloppy and time consuming and defendants are often subjected to lengthy detention while the two different jurisdictions attempt to coordinate the transfer of an individual back to the demanding state. [read post]
21 Nov 2011, 8:33 am
” Unfortunately, this is the way that the U.S. government now detains people, based on secret intelligence and without judicial review, both at Guantanamo and at the U.S. [read post]
20 Nov 2011, 10:00 am
.* Defendant’s detention in the backseat of a locked squad car—where arrested individuals were detained—and the presence of twice as many law-enforcement officers as detainees at the scene created a “police-dominated atmosphere” suggesting custody and reinforced to defendant that she was targeted by the investigation. [read post]
17 Nov 2011, 1:21 pm
The authorities granted by the AUMF, including the detention authority, are essential to our ability to protect the American people from the threat posed by al-Qa’ida and its associated forces, and have enabled us to confront the full range of threats this country faces from those organizations and individuals. [read post]
17 Nov 2011, 7:46 am
District Court in Baltimore and were detained. [read post]
17 Nov 2011, 7:46 am
District Court in Baltimore and were detained. [read post]
16 Nov 2011, 6:31 am
But at this point, the contours of that law are clear, both in terms of the category of individuals who may be detained under the 2001 Authorization for Use of Military Force and the process to which they are entitled in determining whether they fall within that category. [read post]
15 Nov 2011, 8:31 pm
What is different from the prior version: Clarifying the Subset of Detainable Persons Subject to “Mandatory” Detention The prior version provided that detention authority must be used for the subset of detainable persons who are determined to be members of al Qaeda or of “affiliated forces,” so long as those persons participated in the planning or carrying out of an attack. [read post]
14 Nov 2011, 10:46 am
In federal court, he argues, if an individual is acquitted but has no other issues with the justice system, he simply walks free. [read post]
13 Nov 2011, 8:59 am
We represent individuals all over the state in unlawful detention charges and other matters. [read post]
13 Nov 2011, 12:53 am
Geren - decided the same day as Boumediene and involving U.S. citizens detained in Iraq during the war there - hinted that the Due Process Clause might be a limit on the U.S. military’s ability to cooperate in a foreign nation on security detention matters during an armed conflict. [read post]
12 Nov 2011, 1:20 pm
Two individuals wearing latex gloves guided him to his spot at counsel table. [read post]
12 Nov 2011, 9:38 am
” That echoed complaints by government lawyers — and by the Court’s critics in Congress — that intelligence-gathering has been hampered by review by civilian courts of the data gathered, as they weighed the government’s authority to detain individuals suspected of terrorism. [read post]
10 Nov 2011, 4:46 am
§ About the Stewart Detention Center Located in rural Southwest Georgia, the Stewart Detention Center detains approximately 2,000 immigrant men for deportation proceedings. [read post]
10 Nov 2011, 3:54 am
Examples of the additional element are (a) involvement of the police with a criminal who is liable to kill the individual concerned or (b) the fact that the individual concerned is detained by the state. [read post]
9 Nov 2011, 8:09 am
The bigger problem is that Section 1031 could be construed to authorize the detention of individuals not sufficiently connected to any ongoing armed conflict. [read post]
8 Nov 2011, 3:07 pm
Two streams of detention-related legal argument came together at the Senate Judiciary Committee today, as AG Holder answered questions from Senator Graham. [read post]
8 Nov 2011, 6:45 am
Depriving an individual of his liberty is no small thing. [read post]
7 Nov 2011, 2:46 pm
The crux of the argument is that the jurisdiction of military commissions is limited to prosecuting individuals pursuant to the Military Commission Act; the commission is not authorized to rule on all aspects of detainees' lives or even to determine the propriety of law-of-war detention under the 2001 Authorization to Use Military Force. [read post]
7 Nov 2011, 1:52 pm
Although ICE has a policy of trying not to detain individuals who are the primary caretakers of children, one can’t help but question whether ICE is truly implementing this policy. [read post]
