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Last week, Judge James Pohl handed down five orders in the military commission case of United States v. Al-Nashiri---the capital case arising from, among other things, the attack on the USS Cole.
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Turns out Carrie Mathison’s obsessive hunting of Abu Nazir in the TV series Homeland isn’t purely fiction---nor is David Estes’s treating Carrie badly.
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I've been meaning for some time to comment on recent developments impacting the DOD-CIA convergence trend. While much of the attention under this heading understandably focuses on drones, it is importan...
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U.S. District Judge John D. Bates has granted summary judgment to the Pentagon in a Freedom of Information Act cast brought by the International Counsel Bureau and the law firm of Pillsbury, Winthrop, Sh...
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Back in early November, Ben and I blogged about Fordham Professor Andrew Kent's provocative new essay, "Do Boumediene Rights Expire?," which he published in "PENNumbra," the online companion to the Unive...
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Over the weekend, the United Kingdom joined the United States in warning publicly about Syria’s intentions regarding its chemical weapons. Foreign Secretary William Hague told reporters that the U.K.
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To the day's tally of important national security law filings, add this: the appellees' brief in Hedges v. Obama.
The below comes from the brief's argument section:
Comparing the text of the two enact...
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The Congressional Research Service published on December 4 a report entitled “Detention of U.S. Persons as Enemy Belligerents,” which the Federation of American Scientists has posted. Its summary reads:
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[UPDATED 3:18 p.m.] Lawyers for military commission accused Ali Hamza Suliman Ahmad Al-Bahlul have filed their supplemental, what-do-we-make-of-Hamdan brief with the D.C. Circuit. The government's respo...
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Ismail Khan of the New York Times (not to be confused with the Afghan warlord with the same name) reports that a senior Al Qaeda commander by the name of Abdel Rehman al-Hussainan was killed by a drone s...
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A few weeks ago, I noted a post by Chris Jenks arguing that negotiations for a US-Afghanistan security agreement might come to grief over the issue of criminal jurisdiction over U.S.
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Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...
