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CAAF Upholds Constitutionality of Military Jurisdiction Over Civilian Contractors
It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)... -
Marc Thiessen Asks. I Answer
Over at the AEIdeas blog, Marc Thiessen asks derisively: “Why is the ACLU suiting Panetta, Petraus over Awlaki Killing—But Not President Obama?” He writes: if it’s accountability they want, then why isn... -
Today’s Headlines and Commentary
As Ben and Bobby and Jack have already noted, big news from the ACLU and the CCR today. -
Aulaqi-Khan Lawsuit: The More You Litigate, the More You Legitimate
In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the e... -
Patriots Debate: Contemporary Issues in National Security Law
The American Bar Association Standing Committee on Law and National Security has just released a new book, Patriots Debate: Contemporary Issues in National Security Law which will, I'm sure, be of intere... -
The Aulaqi-Khan Suit: Some Initial Thoughts
I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts: First, this lawsuit does not suffer from the prohibitive standing problem that pl... -
Reactions to the ACLU Suit: There Is Armed Conflict in Yemen, and the US Is Party to It
As Ben says, there is a lot to talk about with respect to al-Aulaqi v. Panetta, a civil suit filed today by the ACLU and CCR in an attempt to obtain money damages for airstrikes conducted by the United S... -
Breaking News: The ACLU Files Lawsuit Over Al-Aulaqi and Samir Khan Deaths
The ACLU has filed suit over the deaths in drone strikes of three U.S. citizens: Anwar Al-Aulaqi, his 16-year-old son, and AQAP propagandist Samir Khan. The complaint is available here. The ACLU's press ... -
Doh! No Public Session Today After All
From Guantanamo, this: today's proceedings will be 100% closed, and recess immediately afterwards. Open proceedings will resume tomorrow. -
No CCTV Feed During the Closed Session
That's the word from the technical folks here at Fort Meade, anyway. The hearing reportedly is underway, as of ten minutes ago - but, as expected, the topic under discussion is classified discovery. ... -
Al-Nashiri Motions Hearing, Day #2
Lawfare's coverage of the United States v. Al-Nashiri continues today, with yours truly reporting from the CCTV facility at Fort Meade. (You can find yesterday's dispatches here.) As before, blog entrie... -
Michael Lewis on 'The Drone Zone', Dunlap, Rona, Corn, and Anderson
We will have two final posts in our discussion sparked by Mark Mazzetti's New York Times Magazine article, The Drone Zone. This one by Michael Lewis, a former Navy fighter pilot and now professor at Ohi...
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