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Argument Recap in Lebron v. Rumsfeld (Padilla's Bivens Suit)
Oral arguments in Lebron v. Rumsfeld took place before the Fourth Circuit on Wednesday. -
My Reponse to "Norwegian Shooter"
Mark Erickson, who blogs under the most-unfortunate handle Norwegian Shooter, recently published some correspondence with me concerning his claim that the reported OLC memo reflects Lord Acton-style corr... -
"I'm all for Leaking When It's Organized"
Speaking of the oddly-named Bmaz--which I was briefly yesterday--he has flagged an incredible snippet of a Politico interview with White House chief of staff Bill Daley on the subject of leaks. -
Today's Headlines and Commentary
Milton J. Valencia and Martin Finucane of Boston Globe and Laurel J. -
“...we on the Ninth Circuit now exercise jurisdiction over all the earth..."
Adding to this year’s judicial cornucopia of Alien Tort Statute decisions on corporate liability, on Tuesday an en banc Ninth Circuit released its long-awaited decision in the even longer-running (eleven... -
Why Did Al-Hajj Drop His Habeas Petition?
The estimable, if oddly-named, Bmaz of the Empty Wheel blog asks in a Tweet "Why did al-Hajj withdraw his Habeas petition? Did he just give up like others have?" Short answer: I don't know at this stage.... -
Mehanna, Online Incitement as Material Support, and the First Amendment
I posted a few days ago regarding the Mehanna prosecution, noting that the defense requested a jury instruction on First Amendment issues. It turns out this was a request for three preliminary instructi... -
Sharqawi Abdu Ali al-Hajj Withdraws Habeas Petition
Judge Lamberth has granted a joint motion by Sharqawi Abdu ali Al-Hajj (ISN 1457) and the government to dismiss al-Hajj’s habeas petition, without prejudice. The one-page order is here. For prior cover... -
Segal and Waxman on the London Conference on Cyberspace
Next week’s London Conference on Cyberspace will include a closed session on international security. -
The Pandora's Box Critique of Drones, and Other Concerns
Yesterday Harper’s ran a piece by Daniel Swift on drones, criticizing the extensive but selective leaking of details about the CIA drone program. It’s a fair point, resonating with Ken Anderson’s concer... -
Al-Madhwani Cert Petition
Musa'ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention. -
(Drones) Out of Africa
The Washington Post has a story this afternoon in which the Air Force confirms that it is operating armed Reaper drones out of a particular location in Ethiopia. It is an interesting contribution to the...
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