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This afternoon, in connection with FOIA litigation by the ACLU, the Department of Justice released this May 2004 memorandum that I wrote as head of the Office of Legal Counsel about a certain surveillanc...
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Yesterday I noted that I'd summarize the United States v. Hamdan oral argument in the Court of Military Commission Review separately from Al Bahlul. I'll note the same caveats with respect to this summar...
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Adam Serwer has a very thoughtful piece on yesterday's House Armed Services Committee hearing, which I could not attend. Like me, Adam has come to the conclusion that there is quite a bit of common groun...
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It looks like the Obama Administration is planning to deploy some form of U.S.
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Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007. The question and answers are worth considering in full. Savage asked:
In what circu...
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Anthony Arend (Georgetown) has the text of UNSCR 1973, which among other things authorizes a no-fly zone for Libya (and possibly more, though it explicitly does not authorize any "occupation" forces). H...
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The following is my best attempt to summarize some of the arguments made at this morning's oral argument in United States v. Al Bahlul. This argument--audio for which is here--stood in considerable contr...
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The U.N.
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In anticipation of the growing likelihood of some form of U.S.
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I am pleased to announce the launching of the Comment OR Vote! campaign, which I consider to be the most important work I have ever done. Readers of this blog know how we feel about the scourge of Intern...
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The audio from today's oral arguments at the CMCR is available here (for the Hamdan argument) and here (for the al-Bahlul argument). Be forewarned that these are hefty files (if I recall correctly, aroun...
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Al-Bahlul (though not Hamdan, so far as I know) has filed a reply brief in relation to the en banc CMCR proceedings (oral argument this morning). The brief is posted here.
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As promised yesterday, I’m posting a short overview of the arguments in the government’s briefs to the en banc CMCR in al-Bahlul and Hamdan (click here for an earlier post doing the same for the appellan...
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The CMCR has released handy "preview" documents for tomorrow's en banc proceedings in al-Bahlul and Hamdan. They give bios for all the judges, list the attorneys involved, give a summary of the issues, ...
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(By Benjamin Wittes and Larkin Reynolds) This summary is going to be short--short and obscure. The reason is that Judge Karen LeCraft Henderson opened today's arguments by announcing that almost none of ...
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The en banc Court of Military Commission Review will hear oral argument this Thursday in al-Bahlul and Hamdan. These cases are critical to the future of the military commission system. They call into q...
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In fulfillment of my promise last week to provide analysis of the various pieces of new Senate legislation, here are some thoughts on the new version of Senator Lindsey Graham's habeas reform bill. The b...
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According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary in...
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Tomorrow morning, the D.C. Circuit Court of Appeals will hear arguments in Abdah v. Barack Obama (Al Latif) (No. 10-5319). The argument is slated to proceed before Judges Karen LeCraft Henderson, David T...
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In the esoteric discussion about whether and how Article 75 of Protocol I, a treaty about international armed conflict (IAC), applies in the Non-International Armed Conflict (NIAC) with al Qaeda and The ...
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