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Thoughts on the Latest Round of Johnson v. Koh
Charlie Savage has a story about a dispute between DOD General Counsel Jeh Johnson and State Legal Advisor Harold Koh over the scope of the president’s legal authority to target members of al Qaeda-affil... -
Hentif Opinion Released
More than a month ago, U.S. District Judge Henry Kennedy denied the habeas petition of a Guantanamo detainee named Fadhel Hussein Saleh Hentif (ISN 259). The opinion was classified at the time, but has n... -
Margulies Replies to Heller on the CMCR Decision in Al-Bahlul and the NMT Precedents
The next round in the Margulies-Heller exchange (here and here) comes from Peter: Thanks to Kevin for his very thoughtful response. I share Kevin’s wariness about making mere membership a wa... -
Today's Headlines and Commentary
The Associated Press (via The Washington Post) reports that Tunisia is sending a mission to the United States to convince the U.S. to release the five Tunisians who are still being detained in Guantanam... -
Reply Brief available for Alsabri v. Obama
The briefing in Alsabri v. -
How Dick Cheney Reined in Presidential Power
That is the title that the editors of the New York Times Magazine gave to an essay I wrote in reaction to former Vice-President Cheney’s book, In My Time. The thrust of the essay is that early Bush unil... -
Heller Responds to Margulies on the CMCR Decision in Al-Bahlul
Kevin Heller (Melbourne) writes in with a response to last night's post from Peter Margulies on the CMCR decision in Al-Bahlul: Peter Margulies is absolutely right that I ignore the factual differences b... -
The CMCR Decision in Al-Bahlul: Peter Margulies Examines the Relevance of the Nuremberg Membership Prosecutions
Peter Margulies (Roger Williams) takes up one of the central issues addressed in the CMCR's decision last Friday in al-Bahlul: Material support charges in military commissions illustrate the perils of p... -
Aiding and Abetting a Conspiracy to Provide Support to a Conspiracy to Commit Murder
That's what Dylan Boyd pled to today. It's quite a mouthful, but if you go through it slowly it does actually prove coherent--though also good fodder for a criminal law exam.... In any event, from the ... -
My Responses to Questions for the Record After July's HASC Hearing on Detention Policy
As noted previously, I testified in late July before House Armed Services regarding detention policy, with a focus on the Warsame situation. I've seen received a handful of QFRs from committee members, ... -
Today's Headlines and Commentary
Not a lot in the headlines the past couple of days. Josh Gerstein at the Politico reports that the CIA is conducting an internal review of its relationship with the NYPD. -
Oral Argument Preview in Suleiman v. Obama
The next episode in the D.C. Circuit’s Guantanamo detention saga: Suleiman v. Obama (Case No. 10-5292), an appeal set for oral argument this Friday before the D.C. Circuit.
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