Benjamin Wittes

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Analysis and Commentary

Thoughts on Rep. McKeon’s Speech

by Benjamin Wittesvia Lawfare
Monday, November 15, 2010

...[V]ices of [this speech by Republican Rep. Buck McKeon] include its laughably unfair analysis of current American policy, one that does not auger well for a strong working relationship with the administration on counterterrorism issues...

The Goldsmith-Wittes-Posner Option Goes Live

by Benjamin Wittesvia Advancing a Free Society
Saturday, November 13, 2010

The Washington Post is reporting this morning that the administration’s solution to the problem of how to try KSM and his buddies may be, well, not to bother:

Justice Breyer on Korematsu and the Guantanamo Cases

by Benjamin Wittesvia Advancing a Free Society
Thursday, November 11, 2010

This afternoon, the Brookings Institution was honored to host Justice Stephen Breyer for a lively discussion, which I moderated, on his new book: Making Our Democracy Work: A Judge’s View

Analysis and Commentary

Justice Breyer on Korematsu and the Guantanamo Cases

by Benjamin Wittesvia Lawfare
Wednesday, November 10, 2010

This afternoon, the Brookings Institution was honored to host Justice Stephen Breyer for a lively discussion, which I moderated, on his new book: Making Our Democracy Work: A Judge’s View...

Analysis and Commentary

Notes from the Hatim Oral Argument

by Benjamin Wittesvia Lawfare
Tuesday, November 9, 2010

They say you can’t tell where an appeals panel is headed based on the oral argument. Sometimes you can. I will go out on a limb on the one I attended today: I will eat my computer if the D.C. Circuit affirms Judge Ricardo Urbina’s decision in Hatim v. Obama...

Analysis and Commentary

Argument Preview: Hatim v. Obama

by Benjamin Wittesvia Lawfare
Monday, November 8, 2010

Tomorrow, D.C. Circuit Judges Karen LeCraft Henderson, A. Raymond Randolph, and Stephen Williams will hear oral argument in Hatim v. Obama, a habeas merits appeal of some potential importance...

Analysis and Commentary

Notes from the Al Aulaqi Argument

by Benjamin Wittesvia Lawfare
Monday, November 8, 2010

The Al Aulaqi argument today was long...Rather than focus on the arguments of the parties, therefore, I am going to give my impressions of Judge John Bates’ reactions to these arguments...

Analysis and Commentary

Reflections on Malinowski’s Clarification

by Benjamin Wittesvia Lawfare
Saturday, November 6, 2010

I promised I would offer thoughts on Tom Malinowski’s latest missive after I had a chance to digest and reflect on it...For whatever they are worth, here are my brief thoughts on Tom’s clarification...

Analysis and Commentary

Comments on Salahi

by Benjamin Wittesvia Lawfare
Friday, November 5, 2010

This morning the D.C. Circuit vacated and remanded a decision by former U.S. District Judge James Robertson, granting habeas relief to Mohammedou Salahi...The decision, however, is interesting in several respects...

Gitmo Recidivism and Innocence

by Benjamin Wittesvia Advancing a Free Society
Friday, November 5, 2010

I certainly agree with Adam Serwer’s point in this post that it will be mindless and destructive if Republicans really

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