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In connection with Harold Koh's testimony regarding American intervention in Libya yesterday--which Bobby discussed here and here--NPR's Carrie Johnson reported on Koh's path to his current views here. T...
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Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution. The thrust of their argument, ...
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Harold Koh's written testimony in connection with today's SFRC hearing on the WPR and Libya is now available.
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For the benefit of those who could not watch the SFRC hearing this morning on Libya and the WPR, here are highlights from the oral testimony from State Department Legal Advisor Harold Koh (the written te...
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Bobby covered this DOJ press release announcing that Justin Cannon, the Blackwater contractor who was convicted in March of involuntary manslaughter for the 2009 shooting and killing of an Afghan man in ...
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The following is a guest post from Peter Margulies (Roger Williams Law), reporting highlights from the Naval War College's International Law Conference 2011 ("Non-International Armed Conflict in the 21st...
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File this under the heading of the ever-popular topic of whether there is any legal accountability for contractors on the battlefield...
A thirty-month sentence today for Justin Cannon, a Blackwater con...
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Well, this is going to be interesting, and probably more than a little tense. State Department Legal Advisor Harold Koh will testify tomorrow morning, at 10 eastern (in theory), before the Senate Foreig...
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The en banc decision of the Court of Military Commission Review (“CMCR”) in United States v. Hamdan concludes that it was constitutional for Congress to make material support for terrorism an offense tri...
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In the Washington Post over the weekend, Peter Finn and Del Quentin Wilber survey the evolving legal landscape that is being created in Guantanamo detainee cases, complete with a quotation from Ben.
The...
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Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language:
From my standpoint as a Guantánamo habeas lawyer, the detainee tran...
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Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ...
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Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so). There were at least four major developments worth highlighting, most of them largely under the nat...
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My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a...
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The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay...
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The en banc Court of the U.S. Court of Military Commission Review has ruled here in Hamdan (but not yet in al-Bahlul), affirming the conviction and sentence. Bobby will have analysis later.
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First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site.
We are likely soon to get a test of how seriously Congress takes all of the War Powers R...
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Columbia law professor Trevor Morrison has a new essay, posted at SSRN, entitled "Libya, 'Hostilities,' the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation." Among other...
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The appellant's brief in the case of Fayiz Mohammed Ahmed al-Kandari v. United States is now public. Al Kandari is a Kuwaiti Guantanamo detainee who is seeking to reverse the Judge Colleen Kollar Kotelly...
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Charles Krauthammer today argues for “a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent.” I usual...
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