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Thought #2 on the Holder Statement
I am really--and I mean really--looking forward to the New York Times editorial on Holder's announcement. -
Supreme Court Denies Cert. in Three More GTMO Cases
The Supreme Court today denied three pending petitions for certiorari: Al Odah v. Obama (No. 10-439), Awad v. Obama (No. 10-736), and Al Bihani v. Obama (No. 10-7814). -
Thought #1 on the Holder Statement
I don't disagree with Eric Holder's complaint regarding the role Congress has played in tying the Executive Branch's hands with respect to bringing the 9/11 conspirators to trial. In fact, I strongly agr... -
AG Holder's Statement on the Prosecution of the 9/11 Conspirators, and Link to the SDNY Indictment and Nolle Prosequi Filing
The statement of Attorney General Holder appears below. The just-unsealed indictment from SDNY to which he refers is posted here, and the five-page nolle prosequi filing is here (more thoughts on all of... -
[Corrected] More than 100 GTMO habeas petitions denied in one opinion...on mootness grounds
[Earlier today I posted what I thought was a newly-issued decision by Judge Hogan, dismissing as moot habeas claims by former GTMO detainees. However, this opinion was not issued on APril 1 THIS year, b... -
KSM to be Tried by Military Commission?, Congressional Hearing on MCs
We've seen several reports that the Obama Administration is poised to announce, at a 2 P.M. -
New Papers I Have Not Written
A very smart friend of mine over the weekend mentioned to me that the link in Larry Solum's post about my new paper last week did not, in fact, take him to my new paper about "Defamation and Treason in t... -
Databuse and the Mosaic
As part of my blood oath to spend the next few years writing on subjects other than detention, I have just released this paper on the inadequacy of privacy as a conceptual framework for regulating person... -
Would Denial of Cert. in the Pending GTMO Habeas Cases Constitute the Surrender of Judicial Power?
Over at SCOTUSblog, Lyle Denniston takes note of the fact that the Supreme Court during last Friday’s conference had before it the cert. petitions for several GTMO-related cases. -
El Fasteny Case Argued
The D.C. Circuit also heard oral arguments today in El Falesteny v. Obama, some sort of Guantanamo case that is kept so tightly under seal that even the subject matter of the appeal seems to be a mystery... -
Oral Argument Held in Post-Transfer Relief Appeals
Today the D.C. Circuit heard oral argument in Gul v. Obama and Hamad v. Obama, the consolidated appeals that ask whether a federal district court has jurisdiction to consider the claims of habeas petitio... -
New Scholarship from...Ben Wittes?
Larry Solum's Legal Theory Blog, which among other things posts links to all manner of forthcoming legal scholarship, is always worth reading...but above all he's worth reading on April 1st. Who knew B...
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