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What the Convening Authority's Decision Means: Withdrawal Is off the Table, but Dismissal Is Still an Option
As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins's recommendation to withdraw the conspiracy charges against Khalid Sh... -
A Guide to Legal Issues Raised by the Expanding Conflict in Mali
What is the United States actually doing so far, and what else reportedly is on the table? 1. So far we have agreed to provide airlift support to the French, on their dime. That is, France is going to p... -
Convening Authority Rejects Prosecution Bid to Dismiss Conspiracy Charges in the 9/11 Case
Whoa. Remember the Chief Prosecutor's tactical recommendation to pull standalone conspiracy charges in the 9/11 case---in light of the D.C. -
Syrian Intervention and International Law
I have an op-ed in today's Washington Post entitled (in the print edition) "Aiding Syria: Easier said than done" in which I describe some of the international legal obstacles to intervening in Syria. H... -
Today's Headlines and Commentary
The raid earlier this week on the Algerian natural gas facility is being tied to Mokhtar Belmokhtar, an Algerian terrorist. His nicknames include “the Prince,” “the one-eyed,” and perhaps most frustratin... -
Duke Law's Center on Law, Ethics and National Security Conference: March 1-2
It's that time of year again...Duke Law's Center on Law, Ethics and National Security's Annual Conference. -
Peter Margulies on Boundaries of the Battlefield
Peter Margulies of Roger Williams School of Law writes in from The Hague with the following account of the Boundaries of the Battlefield symposium he has been attending there: Although some members of Co... -
Order Denying the Constitution's Presumptive Application in the 9/11 Case
Remember that order, in which the military judge denied a defense request to presume the Constitution's application in the 9/11 case? The ruling wasn't available earlier---it hadn't yet cleared securit... -
Today’s Headlines and Commentary
The day’s top news story is that Al Qaeda in the Islamic Maghreb militants have taken at least seven U.S. citizens hostage, in a takeover of Alergia's In Amenas gas field. SecDef Leon Panetta has called... -
Readings: Rebecca Ingber, 'Interpretation Catalysts and Executive Branch Legal Decisionmaking'
Columbia Law School scholar and former State Department lawyer Rebecca Ingber has posted to SSRN a new article forthcoming in the Yale Journal of International Law, "Interpretation Catalysts and Executiv... -
Today's Headlines and Commentary
There was an attack today on the headquarters of Afghanistan's intelligence agency. At least one person has been killed, say Kevin Sieff and Sayed Salahuddin of the Washington Post. -
Political Branch Determinations and Conflict Pre-9/11: Motion to Dismiss Denied in Al-Nashiri
This is interesting. Judge James Pohl yesterday denied---without prejudice---a key motion to dismiss (AE 104) brought by lawyers for Abd al Rahim Hussayn Muhammad al-Nashiri. In summary, the defense ha...
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