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I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil...
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The Texas International Law Journal has just announced the forthcoming publication of a very interesting set of papers on the law of military detention, exploring the relevance of the law of neutrality a...
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Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or...
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This belated report just in by slow boat: In a brief filed on August 29, the Justice Department asserted immunity on behalf of President of Rwanda Paul Kagame in an Alien Tort Statute suit brought agains...
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In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...
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Certain segments of the Lawfare readership--and they know who they are--have been clamoring for a roundup solely dedicated to analysis of the legality of the targeted killing of Anwar Al-Aulaqi, so I wil...
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Stewart Baker – former Assistant Secretary for Policy at DHS and former NSA General Counsel – has an essay in Foreign Policy arguing that government lawyers are interpreting laws governing offensive cybe...
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By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co...
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A friend in the intelligence community, using sophisticated data-mining techniques of a sort that threaten our civil liberties (namely, checking the D.C. government's web site), has learned that nobody h...
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The D.C. Circuit Court of Appeals will hear oral arguments on Thursday in the case of Al-Zahrani v. Rodriguez, which--believe it or not--is not a Guantanamo habeas case.
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Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed. As you may...
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The arraignment order by Military Judge James L. Pohl in the case USA v. al-Nashiri is now available here, and here is the substance of it:
1. As the Chief Judge of the Military Commissions Trial Judicia...
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Hugo Rosemont, a Security Policy Adviser to the UK security industry and a doctoral student, writes in with the following account of a speech in London by Lord Carlile, who served until recently as the B...
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In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.
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At least one member of Congress believes that killing Al-Aulaqi is an impeachable offense: Congressman Ron Paul. Dan Hirschhorn of the Politico reports on his remarks in a New Hampshire town hall meeting.
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Over at Slate, Will Saletan has an interesting post up querying whether the Fifth Amendment analysis potentially underlying the decision to kill al-Aulaqi--broken down into requirements that the person b...
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Raha Wala of Human Rights First writes in with the following objections to my analysis of the Anwar Al-Aulaqi killing:
I don’t know if killing Aulaqi was legal because I don’t know what factual basis the...
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NPR's Investigations Unit reports that five inmates who were convicted in terrorism cases in the U.S.
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The Washington Post reports that the Justice Department’s Office of Legal Counsel wrote a classified legal opinion in support of the al-Aulaqi killing. Carrie Budoff Brown* at Politico reports that form...
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Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki.
With respect to US law, I have noted previously that if Congress becomes co...
