battlefield detention

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The Real Test for Obama on Indefinite Detention

Here’s another point I should have made in my piece earlier today: Just because President Obama’s Justice Department has been asserting a remarkably broad, Bush-like view of his detention authority pursuant to the laws of war in the Guantanamo detainees’ habeas corpus cases, that doesn’t mean the president has to stick with that definition in [...]


Detentions and the War/Use-of-Military-Force Distinction

To build off Daphne’s post about defining the battlefield on which detentions occur, Hofstra law professor Eric M. Freedman writes in to make a point about the constitutional differences between a Congressionally-declared war and the situation we’ve been in since 9/11, in which Congress authorized the use of military force. That has implications for the [...]


What Is ‘Battlefield’ Detention, Anyway?

Since my piece on the intensifying battle over “preventive detention” was published, Ken Gude from the Center for American Progress wrote to point out an important distinction that deserves more emphasis.
As I note in my story, Gude and Kate Martin, Director of the Center for National Security Studies, have both written in support of the [...]


Debate Intensifies Over Preventive Detention

A letter to the White House asks the president not to expand a controversial Bush-era policy.