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Second Circuit Affirms District Court Judgment in Ghailani
Big news out of the Second Circuit today: a three-judge panel has affirmed the conviction and life sentence of Ahmed Ghailani, for his role in the U.S. -
9/11 Case, October Session: Statement of the Chief Prosecutor
In advance of this week's hearings in the military commission case United States v. Mohammed et al, Brigadier General Mark Martins, Chief Prosecutor of the Military Commissions, delivered the attached re... -
9/11 Case Motions Hearing: October 24 Session
Almost-live from Maryland's Fort George G. Meade: a third day of CCTV-broadcasted proceedings in United States v. Mohammed et. al. -
Speaking the Law: Chapter 3
The Hoover Institution has released Chapter 3 of our serialized book: Speaking the Law: The Obama Administration’s Addresses on National Security Law. The Introduction and Chapter 1 came out in March. -
Madison's Vacillations---and Ours
As part of our work on a chapter for an upcoming book on Madisonian thought and contemporary public policy, Ben and I wrote this piece for Security States about James Madison's vacillations on executive ... -
10/23 Motions Session #6: Reconsideration v. Compulsion
The gavel bangs. Argument on AE164 marches forward, with J. Connell III, Ammar al-Baluchi’s attorney, leading the defense’s broadside against the prohibition on defense motions for reconsideration, with... -
10/23 Motions Session #5: On the Reconsideration Bar, and Other Things
Our recess ends; the afternoon’s secrecy-stravaganza resumes. Now loose ends are tied, as defense counsel debate whether AE73-related motions, which were only moments ago submitted for resolution by the... -
10/23 Motions Session #4: Ex Par-Tay
Under discussion this afternoon: secrecy rules. The subject arises first in connection with AE73 D and G, defense bids to clarify or retract, respectively, a prior ruling. This affirmed the government’... -
10/23 Motions Session #3: CAT Wrap-Up
It’s Connell-time. Al-Baluchi’s attorney picks up with argument on AE200, and on the nexus between international law and classification law. (Again, his premise is that the military commission’s protect... -
Today's Headlines and Commentary
Today is the 30th anniversary of the bombing of the U.S. Marine barracks in Beirut, which killed 241 U.S. service members, and 58 French paratroopers. -
The Solicitor General Responds to an EPIC Mandamus Effort
Having gained no purchase in federal district courts in countering NSA's telephony metadata program, privacy activists are attempting a different strategy: taking the fight directly to the United States ... -
"For the Rest of Time" -- Really?
How long will the enhanced security state in America last? Apparently, some think it will be "for the rest of time." That has to be wrong. As readers of this blog know, I live on Capitol Hill and walk...
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