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Michael Glennon’s Criticisms of OLC Libya Opinion
Michael Glennon, a longtime critic of presidential war unilateralism, has written a sharp critique of the April 1 OLC Opinion in support of the Libya intervention. The conclusion (footnotes omitted): OL... -
Parties Debate How Esmail Concurrence Supports the Kiyemba Cert. Petition
Today counsel for the five Kiyemba v. Obama petitioners who are seeking cert. -
Libya Intervention Update
The United States is still bombing, under NATO command. And Congress, which has not authorized this action, is still dithering. If this pattern continues for another month (or two), the administration ... -
I Hate to Say I Told You So...
...but nobody who has read Detention and Denial (which, judging by the fact that it is burning up the Amazon sales ranking at #183,999, is not that many people!) can be remotely surprised by this Los Ang... -
Habeas Numbers and a Correction (of the Washington Post)
The recent decision from the D.C. Circuit (the Esmail affirmance), and Supreme Court's recent cert. denials in several cases, warrant an update to our habeas numbers. -
Almerfedi Oral Argument Summary
They say you can't tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him ... -
Mike Schmitt on No-Fly Zones, LOAC, and Libya
Mike Schmitt (Durham) has an very interesting piece at the Yale Journal of International Law Online concerning UNSCR 1973 and the use of force in Libya. Mike previously served as legal advisor to Operat... -
On the AP Story on Short-Term Detention Facilities in Afghanistan (and Gambling in Casablanca)
Last week the AP published a rather breathless piece titled "AP Exclusive: US military holds terror suspects in secret jails for weeks without charge." That certainly got my attention. From the title, ... -
Almerfedi Oral Argument Preview
Tomorrow morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in another Guantanamo habeas case, that of Hussain Salem Mohammad Almerfedi (Case No. 10-5291). -
The "Public Authority" Defense at Issue in a Pair of Interesting Cases in Chicago
A pair of federal prosecutions pending in Chicago raise interesting questions about the "public authority" defense, which is a perenially-vexed issue when it comes to illegal activity that might have tak... -
Thoughts on Judge Silberman's Opinion
Judge Laurence Silberman's concurring opinion today in Esmail makes three points, each of them warranting comment. I have enormous regard for Judge Silberman, and I critique his opinion with caution. But... -
Libya, the War Powers Resolution, and Whether Reversion to a Support Role Counts as "Terminating" U.S. Involvement in Hostilities
OLC’s Libya memorandum (see here for Jack’s assessment, and here for a point-by-point overview) concludes as a matter of constitutional law that President Obama did not need approval from Congress in ord...
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