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Understanding the CMCR's Hamdan Opinion and the Uncertain Future of Material Support Charges in Commission Proceedings
The en banc decision of the Court of Military Commission Review (“CMCR”) in United States v. Hamdan concludes that it was constitutional for Congress to make material support for terrorism an offense tri... -
Today's Headlines and Commentary
In the Washington Post over the weekend, Peter Finn and Del Quentin Wilber survey the evolving legal landscape that is being created in Guantanamo detainee cases, complete with a quotation from Ben. The... -
David Remes on NDAA Transfer Provisions
Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language: From my standpoint as a Guantánamo habeas lawyer, the detainee tran... -
Trevor Morrison on Senate NDAA Language
Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ... -
Another Busy Week for DOJ on the Terrorism Prosecution Front: Seattle, Cleveland, Germany, Columbia
Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so). There were at least four major developments worth highlighting, most of them largely under the nat... -
Senate NDAA Thought #2
My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a... -
Senate NDAA Thought #1
The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay... -
Court Military Commission Review, En Banc, Decides Hamdan
The en banc Court of the U.S. Court of Military Commission Review has ruled here in Hamdan (but not yet in al-Bahlul), affirming the conviction and sentence. Bobby will have analysis later. -
Do Commentators and Congress Treat All of the WPR as Law: The 60-Day Clock, Again
First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site. We are likely soon to get a test of how seriously Congress takes all of the War Powers R... -
Trevor Morrison on Libya, Process, and OLC
Columbia law professor Trevor Morrison has a new essay, posted at SSRN, entitled "Libya, 'Hostilities,' the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation." Among other... -
Appellant Brief Available for al Kandari v. Obama
The appellant's brief in the case of Fayiz Mohammed Ahmed al-Kandari v. United States is now public. Al Kandari is a Kuwaiti Guantanamo detainee who is seeking to reverse the Judge Colleen Kollar Kotelly... -
Krauthammer on War Powers
Charles Krauthammer today argues for “a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent.” I usual...
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