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Over at Opinio Juris, Kevin Jon Heller gamely steps up to the plate to defend yesterday's New York Times editorial:
As part of his ongoing war against the New York Times, Ben Wittes has a post today enti...
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I am not sure how I stumbled into the role of unpaid fact-checker for the New York Times editorial page on matters of law and security. But as long as the Times keeps publishing editorials like this one,...
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On Wednesday, the UK Supreme Court handed down its decision in Al-Rawi v.
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( A joint response from Benjamin Wittes and Bobby Chesney)
On Thursday we criticized a piece by Thomas Joscelyn at The Weekly Standard concerning Matt Olsen and the GTMO Review Task Force, in which Josc...
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No sooner had I posted my comment on Monday about the DC Circuit’s Alien Tort Statute decision in the ExxonMobil case than the Seventh Circuit issued its own decision on the question of corporate ATS lia...
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Only a few round-up items today.
On Thursday the U.S. government asked a judge to order the ACLU to return a secret document that was mistakenly given to the group.
The Washington Post's Ellen Nakashim...
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In the aftermath of Harold Koh's testimony before the Senate Foreign Relations Committee a few weeks ago, Senator Lugar sent a set of QFRs (Questions for the Record) that raised a number of interesting q...
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Marty Lederman has a terrific post exploring in more detail the First Amendment issues raised by the Begolly indictment. It's a must-read if you are interested in the prospects for prosecuting those who...
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A while back Ben posted about the pressing need for “radical transparency” in the military commissions process. It’s time to say it again: The Pentagon must make it much easier for outsiders to follow t...
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The armed conflict in Libya began as a non-international armed conflict, but was internationalized when a host of states intervened against the Libyan government. Now, the United States has joined a gro...
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The Washington Post is reporting:
The U.S.
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I want to pile on to Ben's post in defense of NCTC nominee Matt Olsen. Ben notes that some are intimating that Matt somehow is soft on terrorism because the GTMO Review Task Force concluded that some ex...
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An important and interesting indictment issued today (see here for the pdf), in the Eastern District of Virginia.
Emerson Begolly, an American citizen from Pennsyvlania (who already was under arrest aft...
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I was afraid that the nomination of Matthew Olsen to head NCTC would head in this direction.
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Thomas Barnett has an interesting post at Battleland playing off Thom Shanker's piece in the Times today regarding biometrics and security in Afghanistan. Barnett's point: such measures are more likely ...
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Twenty-three senators have sent a letter to new SecDef Panetta regarding the U.S. decision to try Warsame in a New York federal civilian court.
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...but it may as well be.
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In response to my post yesterday about looming habeas litigation alleging that the U.S.
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The last time we covered the progress of the case that I’ll call Al Maqaleh v.
