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Speaking of the New York Times Editorial Page
Steve's mention earlier that he was positively soft on the D.C. Circuit compared to the Times reminded me that we haven't seen any sign yet of the inevitable editorial bashing the justices for failing to... -
Five Rulings on Threshold Challenges in Al-Nashiri, Three Unsealed and Two to Come
Your Lawfare day is winding down at long last. You’ve just savored a scholarly exchange on the D.C. Circuit’s fidelity to Boumediene. The table is cleared, and you've just settled into your comfy, over... -
Harold Koh on Guantanamo
At a recent conference on the 35th year of the State Department's Bureau of Democracy, Human Rights and Labor, State Department Legal Adviser Harold Koh made the following comments about Guantanamo: I be... -
Final Thoughts on DC Circuit Fidelity to Hamdi/Boumediene
A few final thoughts on the topic of DC Circuit fidelity to Hamdi and Boumediene, for the three people still paying attention to us (hi Mom!). -
My Last Word (for Now) on the D.C. Circuit and Boumediene
At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby's thoughtful intervention in the back-and-forth between Ben and me on whet... -
Munaf, Garcia, and Seepage Redux
Steve's post on Garcia and Munaf got me thinking about seepage. Remember this? It is the idea that seemingly fact-bound national security cases can announce rules of more general applicability - ones th... -
Is DC Circuit Habeas Caselaw Inconsistent with Hamdi and Boumediene?
Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit's caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at varianc... -
Post-Conviction Motions Denied in Lashkar e-Taiba Material Support Case (United States v. Rana)
Tahawwur Hussain Rana was convicted of providing support to Lashkar e-Taiba (18 USC 2339B) and conspiring to provide support to a group planning to commit murder in Denmark, but was acquitted of conspiri... -
Today's Headlines and Commentary
By now every major media outlet has written an article about the Supreme Court's denial of cert to several Guantanamo detainees. And lots have written about the special prosecutors appointed to investig... -
Why the "Munaf Sequels" Matter: A Primer on FARRA, REAL ID, and the Role of the Courts in Transfer/Extradition Cases
Yesterday's news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circu... -
A Reply for Ben...
Ben asks: "What are the specific 'requirements' the Supreme Court laid out in Boumediene or Hamdi that the D.C. Circuit has refused to honor such that habeas review is not 'meaningful' within the meaning... -
A Question for Steve
I almost wrote into my post earlier today that while I agreed with Steve's point that Boumediene remained consequential, I suspected he would not agree with the one I was making. I refrained, but it turn...
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