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A closely-divided en banc 9th Circuit has reversed an earlier panel decision that had in turn reversed a district court decision dismissing this civil suit relating to the CIA’s rendition program. The ...
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Steve Vladeck makes a few important points in response to my post on the habeas scorecard. In defending the scorecard, he first notes that my list of problems with it is incomplete, since "the scorecard ...
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Ben notes that one major flaw of the “scorecard” approach to the GTMO habeas litigation is that it fails to convey to the casual reader any sense of the considerable success the government has had thus f...
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It has become something of a convention in the copious journalism surrounding the Guantanamo habeas litigations to keep a win-loss scorecard. A typical example is this recent story by Miami Herald report...
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Daphne Eviatar responds to my comments and challenge of last week. As promised, I am posting her response unedited:
Last week, Brookings Institution fellow Benjamin Wittes continued an exchange we’ve bee...
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The D.C. Circuit has a number of Guantanamo appeals pending. Consider us your one-stop-shopping brief superstore. Stay tuned for analysis of what the parties are arguing. For now, here's the raw material...
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We are in the midst of a protracted round of merits litigation involving the habeas corpus petitions of Guantanamo detainees. The government has lost more often than it has won thusfar, but let’s not fo...
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Anyone who is wondering why we are not taking comments on this blog should take a look at this and this and this from Orin Kerr. They are hilarious—and a bit depressing. My colleague Jonathan Rauch has s...
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Judge Brown’s statement in the Al-Bihani rehearing denial sparks three thoughts:
1.
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Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, kicks off our discussion of S. 3707 with some very-thoughtful comments on future dangerousness and the bill's bar on...
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My former colleagues at the Washington Post editorial page this morning have a thoughtful piece on the targeting of Anwar Al-Aulaqi, on which Kevin Jon Heller and I sparred earlier in the week. The Post ...
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David Addington, Vice-President Cheney’s Counsel and later Chief of Staff, is the new Vice-President for Domestic and Economic Policy Studies at the Heritage Foundation. Conor Friedersdorf complains tha...
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In the few days this blog has been operating, it has already developed a readership with a remarkable range of expertise, background and politics--including people who have engaged the issue of detention...
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As I discussed earlier, there is a common misapprehension in the debate over the Guantánamo habeas cases—and detention law more broadly—that equates legislative approaches to detention with harsher polic...
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The Graham habeas bill is far from perfect. It would benefit a great deal from serious engagement from the administration (which has failed so far even to respond to it), habeas counsel, and human rights...
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The Graham habeas bill is not entirely an exercise in codification and entrenchment of existing practices. It does, in important respects, modify and tailor the rules as well. The bill's innovations occu...
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Thanks to Kevin Jon Heller for his thoughtful post taking issue with my hostage-taking analogy. Readers will be shocked to learn that I disagree with him. Let me briefly respond to both of Heller’s major...
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I wish to continue my analysis of the Graham habeas legislation by pointing out a few things the bill does not do. It is important to appreciate the bill's limited impact, for that is actually one of its...
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Spencer Ackerman complains that my earlier post "doesn’t address the basic and disturbing fact that in Anwar Awlaki’s case, the Obama administration is targeting an American citizen for assassination wit...
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The much-discussed legislation by Sen. Lindsey Graham to guide habeas corpus cases brought by detainees at Guantánamo Bay, S.3707, was quietly introduced a few weeks ago. The bill represents an important...
