In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking despair is the order of the day. So I’m going to go out on limb–way, way, way out on a limb–and do the unthinkable: I’m going to predict a detainee win at the D.C. Circuit.

Continue reading Benjamin Wittes at Lawfare

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