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Post-Argument Letter from the Government in Suleiman v. Obama
An update on the Suleiman case: on Friday, the government filed this letter, which sought to clarify the government's views of three issues that were raised at oral argument on September 16. First and m... -
Second Circuit Affirms in Arms Sale Stemming from Sting
A Second Circuit panel has affirmed, in United States v.Kassar (2d Cir. Sep. 21, 2011), the conviction of three defendants who were convicted on charges stemming from a sting operation involving a faux e... -
Uthman Cert Petition
Uthman Abdul Rahim Mohammed Uthman, a Guantanamo habeas petitioner, has filed a cert petition, asking the Supreme Court to review the D.C. Circuit's March decision in his case. The cert petition presents... -
Speaking of OFAC, the 9th Circuit Just Ruled Against Its Designation Process...But Also Found It Didn't Matter as to al-Haramain
Speaking of OFAC's process for sanctions designations, the 9th Circuit has just ruled against it in a case involving the constitutionality of its designation process, though it also held that the designa... -
The Haqqani Network Not (Yet) a Designated Foreign Terrorist Organization: Ridiculous, I Agree, But How Much Does It Matter?
I had not realized till today that the State Department has not yet gotten around to designated the Haqqani Network to be a Foreign Terrorist Organization (see the current list here). Such a designation... -
Another Cert Petition to Get Munaf and Kiyemba II Before the Justices
It comes in the case of Abdah and is available here, posing the following question: Whether, in a habeas corpus action, a Guantánamo detainee has a right to challenge his transfer to a foreign country on... -
Fourth Circuit Holds Tort Suits Against Military Contractors by Iraqis Alleging Abuse Preempted
Yesterday, the Fourth Circuit announced decisions in Al Shimari v. CACI International and Al-Quraishi v. L-3 Services, Inc. Both cases involved tort suits brought by Iraqi civilians against U.S. military... -
Pakistan and Material Support for the Haqqani Network and for Attacks on American Soldiers
Admiral Mullen, who will soon step down as CJCS, offered the following blunt language in his prepared testimony before the Senate Armed Services Committee this morning: Extremist organizations serving a... -
Civ-Mil Relations and the JAG Corps in the Bush Years: What Are the Best Analyses?
At Best Defense, Tom Ricks takes note of recent comments from Senator Graham relating to clashes between the TJAGs and DOD-OGC during the Bush Administration, and then asks: Is it time for a military jou... -
Today's Headlines and Commentary (Special Drones Edition, The Sequel)
A drone attack in southern Yemen has killed 10 al Qaeda suspects, reports the AFP. Greg Miller at the Washington Post reflects on lessons learned as the U.S. moves to build secret drone bases in Yemen an... -
Another ATS Decision: Fourth Circuit Holds Aiding and Abetting Liability Requires Specific Intent
Adding to the flurry of recent Alien Tort Statute appellate decisions, on Monday the Fourth Circuit issued its opinion in Aziz v. -
Against a Crude Balance
Those who enjoyed my two recent posts reflecting on Benjamin Franklin's and Robert Jackson's comments on the liberty-security relationship, may enjoy the larger piece of work from which those posts were ...
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