Shayana Kadidal is senior managing attorney of the Guantánamo project at the Center for Constitutional Rights and has been at CCR since 2001. In addition to supervising the Guantánamo litigation, he also works on the Center's case against the NSA's warrantless surveillance program, CCR v. Bush, and its challenge to the "material support" statute, HLP v. Mukasey. He also represented hundreds of individuals being fined by the government for traveling to Cuba, and worked with the Vulcan Society of Black firefighters challenging discriminatory hiring policies of the New York City Fire Department.

He graduated from Yale Law School and clerked for Judge Kermit Lipez of the U.S. Court of Appeals for the First Circuit. Shane has testified before Congress on the material witness statute and is a contributor to the Center's book Articles of Impeachment Against George W. Bush, 2006.

Blog Entries by Shayana Kadidal

The Myth of Return to the Battlefield from Guantanamo

17 Comments | Posted May 21, 2009 | 11:10 PM (EST)


The New York Times last night joined the parade of news organizations credulously reporting the utterly undocumented claims of Bush Defense Department holdover officials that large numbers of released former Guantanamo detainees had "returned to terrorism or militant activity."

The story indicates that the Times has seen a copy...

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Obama's Military Commission Disaster

74 Comments | Posted May 15, 2009 | 11:16 PM (EST)


Astonishingly, today President Obama announced that, after two false starts, we are now about to embark on our third attempt at trying terrorism suspects in military commissions--a forum that has been proven not to work at delivering justice that is either swift or fair. Today's mindboggling announcement promised that the...

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The Torture Memos: Berlin, 1937 Version

52 Comments | Posted April 21, 2009 | 01:35 AM (EST)


The problem: The nation has been on a war footing for years. Elected leaders believe it is full of sleeper cells of subversives. Officials in the capital decide that torture should be applied to detained subversives (whether to spread terror among their fellows, extract intelligence, or produce confessions is unclear)....

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Closing Guantánamo Is Easier Than You Think, Mr. President

Posted January 14, 2009 | 01:34 AM (EST)


Sunday, January 11th, marked the seventh year that prisoners have been detained at Guantánamo. President-Elect Obama has promised that there will be no eighth anniversary. But judging from the level of chatter among the pundits this week, you might think that closing the base will require an army of law...

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Can Ted Stevens Vote for Himself? Not Anymore

Posted October 27, 2008 | 05:36 PM (EST)


The New York Times reports, correctly, that Sen. Stevens can run for reelection despite his convicted felon status:

"Despite being a convicted felon, [Sen. Ted Stevens] is not required to drop out of the race or resign from the Senate. If he wins re-election, he can continue to hold his...
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Finally, Whistleblowers Report from the Inside on the NSA Program

Posted October 9, 2008 | 11:04 PM (EST)


One month after the NSA's warrantless wiretapping program was disclosed by the New York Times in December 2005, we sued to put an end to it. In the two and a half years since then, an ACLU suit (brought on the same day as ours) was essentially dismissed on technicalities....

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The Hamdan Military Commission Trial: A Post-Mortem

Posted August 8, 2008 | 12:43 PM (EST)


Salim Hamdan's 66-month sentence for providing material support for terrorism hardly marks closure to this first chapter in the sorry history of the Bush administration's military commissions. A slew of questions remain: Was his trial legal? Will he be freed once he serves his five remaining months? And, having floundered...

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Mukasey: Congress Must "Urgently" Delay Guantanamo Cases

Posted July 24, 2008 | 11:09 AM (EST)


Attorney General Mukasey gave a speech at the American Enterprise Institute on Monday morning (repeated before Congress yesterday) in which he issued an "urgent" call for a third round of Congressional legislation to ensure that this administration will never have to explain to a federal court why they have...

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Newt Gingrich Pulls a Trent Lott

Posted June 17, 2008 | 11:21 PM (EST)


In my last post, I gave in to the temptation to respond to John McCain's comments on Friday, calling the Supreme Court's Guantánamo decision "one of the worst decisions in the history of this country," by asking how it might compare to several other horribles--Dred Scott v. Sandford (the...

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John McCain, Legal Historian

Posted June 14, 2008 | 03:54 AM (EST)


Here's John McCain's initial reaction to the Supreme Court's decision in the Guantánamo detainees case, Boumediene v. Bush, on Thursday, the day of the decision:

"It obviously concerns me . . . but it is a decision the Supreme Court has made. Now we need to move forward. As you...
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After Six Years, Accountability at Guantanamo

Posted June 12, 2008 | 06:33 PM (EST)


Six and a half years ago, we at the Center for Constitutional Rights brought the first case in federal court on behalf of detainees held at Guantanamo. At first, the administration successfully argued that the detainees were in a legal black hole, without any right of access to the...

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Harold and Kumar Escape from Abu Ghraib

Posted May 5, 2008 | 02:30 PM (EST)


Well, it's been a few months and we're still waiting for a decision from the Supreme Court in the Guantánamo detainee cases. But things are happening on other fronts. For starters, the Harold and Kumar movie -- Harold and Kumar Escape from Guantanamo Bay -- is out. Here's my two...

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Guantánamo, Six Years Later

Posted January 11, 2008 | 02:23 AM (EST)


Today marks six years since the detention camp at the Guantánamo Bay Naval Station was opened. The first 20 men arrived on January 11, 2002. Almost 800 men have been held there since then; around 500 have been sent home; only five have seen formal charges under the Military Commissions...

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Scattered Preliminary Observations on the Mitchell Steroids Report

Posted December 13, 2007 | 11:31 PM (EST)


Well, the long awaited Mitchell Report on steroid use in baseball is out, two years and $20 million dollars after it began. Lack of a broad sample of outside sources or players willing to talk means that the most interesting questions (how widespread was cheating? was it mainly...

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Underwear Gnomes Infest Guantanamo

Posted October 1, 2007 | 11:17 PM (EST)


As some you may have read, the military recently accused two lawyers for Guantanamo detainees with the London-based human rights group Reprieve of smuggling underwear to their clients. I really have nothing to add to the two letters detailing the dispute, reprinted below. The Times and the...

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Mukasey Will Suck (And He Hates Us)

Posted September 17, 2007 | 10:52 PM (EST)


Are we the only ones who are ready to retch at the constant stream of praise for the president's choice for attorney general? First of all, this is a guy who despises the legal left. Here's how he describes my organization, the Center for Constitutional Rights, in an...

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Why the Left is Losing the Political Debate about Terrorism

Posted September 13, 2007 | 02:23 PM (EST)


While the left is winning the debate on the Iraq war (it's hard not to), the conduct of that other war--on terrorism--still seems popular with a large swath of the public. I fear that over the last six years we've been consistently underplaying our hand in the debate about terrorism...

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Dems on FISA Modernization: It's Not Worse Than The Military Commissions Act

Posted August 6, 2007 | 02:34 AM (EST)


The "FISA Modernization" bill that passed both houses and was signed into law by the President on Sunday night was far worse than the compromise version I'd described in an earlier posting. Unlike the versions described in the media, the bill that passed does not merely allow the government...

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Congress to Allow Gonzales to Issue Surveillance Warrants

Posted August 3, 2007 | 03:22 AM (EST)


A story has emerged this week that seems to have escaped the headlines in the major papers entirely: the Foreign Intelligence Surveillance Court, which had approved of some close variant on the NSA Program in January, changed its mind sometime in the last few months and decided the program was...

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Cycling's Latest Scandal

Posted May 26, 2007 | 11:17 PM (EST)


Amidst the wave of near-daily doping confessions from the world of professional cycling, this one was less teary and far more poignant: Bjarne Riis, the 1996 winner of the Tour, became the first champion to confess to using banned drugs -- EPO, corticosteroids, HGH -- on a daily basis...

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