I’m tentatively encouraged by Ben’s new articulated test for detainability, which is not everything I’d hope for (especially if the “impracticability of criminal trial” prong is read broadly), but begins to bridge the gap. Ben’s proposal in his book, however, is much more troubling. My premise, and that of the judges in al-Marri, is that the detention authority Congress conferred … Continue reading The al-Marwalah Detention