-
...can be found here. Al Alwi, I should note, is not to be confused with Al Aulaqi. This is a minor Guantanamo case. Here is the petitioner’s merits brief. And here is the government’s brief.
-
. . . can be found here.
-
Kevin Heller claims that the D.C. Circuit in its al-Bihani panel opinion has reached the conclusion, with which he agrees, that “there [is] no justification for the government’s attempt . . . to import t...
-
This is a trial balloon. I'm not 100 percent certain that what I am suggesting is wise, politically astute, or even that it would work legally. I have not thought through all of the implications of what ...
-
Everyone seems to have very strong views about where to try KSM. I don't. I think there's a defensible case for trying him in a military commission. I think there's a defensible case for trying him in a ...
-
...is available here. It's a long opinion, but the long and short of it is that the court did not credit Abebe's claim that he was testifying voluntarily, and that this was dispositive from the point of...
-
A Dutch court has freed Wesam al-Delaema, convicted in an American Court just last year following his plea of guilty to the charge that he conspired to kill Americans in Iraq as part of the insurgency. ...
-
Lawyers for Guantanamo detainee Mohammed Al Adahi have filed a cert petition, which raises the following question:
-
Two quick thoughts in response to Jack's post from early this morning:
First, it bears emphasis that the sort of policy creativity reflected in the dialog between Jack and Rick Pildes concerning options...
-
I have argued that the Executive branch should rely on military detention, not trial, for the GTMO population. In practice, this is what the Obama and Bush administrations have been doing, with tiny exc...
-
Ok, this exchange is funny--in a macabre, morbid sort of way. It's also deadly serious. Foreign Policy magazine has published 14 suggestions for President Obama by 14 prominent people concerning how the ...
-
Over the past few months, there has been a great deal of ferment on the question of whether the fundamental posture of the Obama administration in counter-terrorism represents change from or continuity w...
-
Ever notice that the debate over detention law and policy rarely makes reference to the American experience in Iraq over the past seven years? Ever wonder what lessons, if any, that experience has to of...
-
The cases are piling up fast and furious at the D.C. Circuit now, as the volume of district court cases continues to grow and generate more appeals. Today, the court released the declassified version of ...
-
Bobby's post today on the comments of, among others, Mary Ellen O'Connell reminded me of something of which I had been meaning to notify readers: Mary Ellen O'Connell and I will be debating the legality ...
-
I disagree with a great deal in this oped and don't mean to pick every nit I could find in it. But it is worth answering some of Marc Thiessen's major points, as they have a way of distilling and reinfor...
-
Ben's most recent post on the al-Aulaki suit has precipitated an interesting discussion at Opinio Juris involving, among others, John Dehn, Kevin Heller, and Mary Ellen O'Connell (Mary Ellen's thoughts ...
-
Here is a speech by former State Department Legal Advisor John Bellinger, given a few days ago at the International Bar Association’s Rule of Law Symposium in Vancouver, Canada. John compares the Obama ...
-
I received some unsurprisingly heated reactions to my op-ed in Saturday’s New York Times, which argued that the government should give up on prosecuting Guantanamo detainees and simply hold them in milit...
-
In my initial post on the ACLU/CCR brief in Al Aulaqi, I promised to return to several of the themes I sketched out. In this post, I want to focus on the first: The total absence of press coverage of the...
-(2)-(2).jpg?sfvrsn=69965fad_5)
