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Briefs and Oral argument in the Moe Davis/CRS Lawsuit
Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service ("CRS"). ... -
Thoughts on Latif #3
Here's my question: Why has there been virtually no press coverage of the Latif decision? Other than this article on CNN's web page, which actually ignores the aspect of the case that makes it jurisprude... -
Silliman and Pollard nominated to CMCR
This just in: President Obama today nominated Professor Scott L. Silliman and William B. Pollard III to the U.S. Court of Military Commission Review. Both men are highly qualified and will bring differe... -
Almerfedi Cert Petition
Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions: 1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-... -
Thoughts on Latif #2--From Peter Margulies
Peter Margulies of Roger Williams Law School writes in with the following critique of the Latif decision and praise of Judge David Tatel's dissent. While I don't agree with every aspect of this analysis,... -
Coverage of al-Nashiri’s Arraignment: Post-Hearing Press Conference
Shaking things up a bit, I’m going to begin Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s military commission proceeding yesterday from the end—the roughly one-hour-long afternoon press confer... -
Today's Headlines and Commentary
Lots of news coverage on Abd al-Rahim al-Nashiri's trial. In addition to our coverage--more of which is coming later today--here is the New York Times story, the Washington Po -
On the Liberty-Security Relationship
The Hoover Institution's online publication, Defining Ideas, has published an essay-length version of my recent paper arguing "Against a Crude Balance" between liberty and security. Enjoy. -
Thoughts on Latif #1
I have now read the entirety of Latif, and I am--quite honestly--not entirely sure what to make of it. For one thing, the redactions are extensive, far more so than in the normal D.C. Circuit habeas case... -
Coverage of al-Nashiri’s Arraignment
Lawfare was on hand earlier today at Ft. Meade, Maryland, to witness the first live (well, 40 second-delayed) transmission of military commission proceedings in Guantanamo Bay, Cuba to a location here in... -
Latif: A Very Big Deal
I have only just begun reading the D.C. Circuit's decision in Latif, but it already clear to me that it is a very big deal. Judge Janice Rogers Brown, for the majority, expressly adopts a presumption in ... -
D.C. Circuit Opinion on Latif
The D.C. Circuit has just released its redacted opinion in the case of Adnan Farhan Abd Al Latif, which it filed on October 14, 2011. The opinion is available here, and Lawfare has covered the case
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