Justice O'Connor, 10 years ago next month, on potential legal import of the w/d of combat troops from #Afghanistan:pic.twitter.com/w5t3XOrWs1
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@steve_vladeck Hasn't Admin just said that doesn't matter anymore? Ancient history! So old SDOC was still on the Court.
@emptywheel Yes, but see Justice Breyer's concurrence in Hussain. It's not at all clear that #AUMF will provide post-Afghanistan authority.
@steve_vladeck The Justices are going to Gitmo to free KSM then? What army will stop them? Besides, Congress will authorize something.
@emptywheel (1) Authority to detain commission defendants won't expire w/ #AUMF; and (2) agreed re: _some_ of the non-commission detainees.
@steve_vladeck Well, at the rate MCs move, they can just charge everyone and put them on the 10 year program, right?
@emptywheel @steve_vladeck Without material support as an option charging the vast majority would take some very creative writing.
@ColMorrisDavis Sure! But they're guaranteed 10 years of Kangaroo Hearings to invent some new law to hold them with. @steve_vladeck
@emptywheel @ColMorrisDavis Suffice it to say, this is why DC Circuit's long-overdue decision in al-Bahlul is so critical (and so overdue).
@steve_vladeck They prolly monitor your posts and twitter and every time you complain they just hide it for another month. @ColMorrisDavis
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