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Now available: the 9/11 defendants' joint reply to the "Government's Response to Motion to Cease Psychological Dislocation Techniques And Denial of Detainees' Right to Dress in the Clothes of Their Own C...
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A few days ago, the New York Times editorial page made a remarkable claim: "In the 19 [Guantanamo habeas] appeals [the D.C. Circuit] has decided, the court has never allowed a prisoner to prevail." As I ...
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One of the more obscure habeas cases of the last few years has been El Falesteny v. Obama. The case's key documents were sealed, both on appeal to the D.C.
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Maj. Gen. Salim Ali Qatn, a Yemeni senior commander, was assassinated in a suicide bombing attack this morning. Laura Kasinof in the New York Times has the story.
Late on Friday came the announcement th...
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As Paul noted, and many news outlets have reported, the Department of Homeland Security yesterday issued criteria regarding the enforcement of immigration statutes in certain cases. Now Rep.
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Today's report includes the boilerplate-for-such-documents "consistent with the War Powers Resolution" phrase. It also includes the excerpt below regarding counterterrorism efforts in Yemen and Somalia:...
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Shane Harris at Washingtonian writes on the government's leak investigations, arguing that the government "is pursuing leaks, and leakers, because it can." Meanwhile, CNN reports on Senator John McCain's...
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Ken posted as a Reading sometime back Ashley Deek's new article in the Virginia Journal of International Law, ‘Unwilling or Unable’: Toward an Normative Framework for Extra-Territorial Self-Defense.
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The following is the speech I gave at the MILOPS conference in Singapore on Monday.
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The Department of Homeland Security today announced a new policy on immigration enforcement. In summary the policy will allow the exercise of discretion by the Executive Branch to defer action, on a spe...
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This is the first of three speeches I recorded in Singapore at the Pacific Command's Military Operations and Law Conference. I don't normally post podcasts in rapid succession, but I will be releasing th...
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You'll recall that three 9/11 defendants earlier responded to Judge Pohl's inquiry regarding separate trials for each of the five accused.
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I actually don't have much to say, now that it's here, on the New York Times editorial on the detention case cert denials.
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Kind of interesting that military commission defense lawyers insist that the defendants should be able to wear the clothes of their choice but that female prosecutors should cover up.
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The New York Times Editorial Board heard Ben's plea for an editorial about the Supreme Court's decision to deny habeas review to seven Guantanamo Bay detainees--and they have responded! Check it out here.
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Craig Whitlock has a very interesting piece in the Washington Post today, the main thrust of which is to describe the military's efforts to establish aerial surveillance capacity across wide swaths of Af...
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Have you heard of the "Switchblade" UAV? In brief, it is a man-portable UAV that a soldier in the field can launch in mortar-like fashion, obtaining beyond-line-of-sight surveillance (with video and GPS...
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Not quite pret-a-porter?
Various media are reporting on the recently released motion by the 9/11 defendants, who desire to
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I will testify tomorrow afternoon before the Senate Foreign Relations Committee in support of the Law of the Sea Convention. A copy of my written statement is here. Former Deputy Secretary of State Jo...
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In a surprising development, the Obama Administration today filed an amicus brief in the Kiobel case in partial support of Shell Oil, arguing that the Alien Tort Statute should not be applied to allow a ...
