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Cert. Denied in Khadr v. Obama (Concerning Deference to the Executive on GTMO Transfer Decisions Implicating a Risk of Torture)
Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v. -
State Secrets and Today's Supreme Court Decision in General Dynamics Corp. v. United States
The Supreme Court today issued a unanimous opinion in General Dynamics Corp. v. -
Speechless
I had somehow missed until this morning that Harpers Magazine had won a National Magazine Award for this Scott Horton story from 2010 about suicides at Guantanamo Bay--a story that spuriously suggests th... -
Is There Any Law in the Law of War Powers?
There is much discussion today about the apparent decision of the Obama Administration to ignore the provision in the War Powers Resolution that requires that the President either terminate the use of mi... -
New Attorney-Client-like Confidentiality in DRBs in Afghanistan
Josh Gerstein of the Politico is reporting a fascinating development in the rules of the Detainee Review Boards at Bagram: The Obama Administration has taken a step to have official representatives for U... -
Miami Herald on Guantanamo Death and Mental Illness
Carol Rosenberg of the Miami Herald has this very interesting story about the death that occurred at Guantanamo the other day. There seems to be a much greater dispute about who this detainee really was ... -
Mukasey Letter on AUMF Rewrite
Former Attorney General Michael Mukasey has penned this letter to House Armed Services Chairman Buck McKeon on the latter's proposed AUMF rewrite. -
More from Adam Serwer
Adam Serwer responds to my post of last night: I think any objective evaluation of the facts has to conclude that U.S. military operations against al Qaeda outside of Afghanistan and Pakistan represent "... -
Lawfare Cat Fight
Concerning the Law of the Sea, John Bellinger III writes today over at the Shadow Government blog: Of all the treaties currently pending before the Senate, the Law of the Sea Convention offers the most e... -
Crossed Signals at Lawfare
For those who were confused by Bobby and my duplicative posts on Harold Koh's statement, well, so was I when I realized just now that he had posted 15 minutes before I did. Generally speaking, Lawfare's ... -
Harold Koh on the Bin Laden Operation
Over at Opinio Juris, State Department Legal Adviser Harold Koh has posted a brief statement on "The Lawfulness of the U.S. Operation Against Osama bin Laden." The key passage reads: Given bin Laden’s u... -
Koh on the Legality of the UBL Operation
Over at Opinio Juris, State Department Legal Advisor Harold Koh has issued an official statement regarding the legality of the UBL operation. No surprises here.
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