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David Remes Rewrites Genesis
Habeas lawyer David Remes sent me the following the other night from Guantanamo. I am not sure what to say about it, so I pass it on without comment: Being in Guantanamo, visiting clients who understan... -
Updated GTMO Habeas Numbers
The recent decisions from the D.C. Circuit (the Mohammed dismissal and Uthman reversal), as well as some activity in the district court, meant an update to the habeas numbers was in order: - Uighur... -
Thoughts on Uthman
The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teac... -
Tushnet on the Domestic Legality of Intervention in the Libyan Civil War: Does Security Council Authorization Make this Something Other Than “War”?
In a post this morning at Balkinization, Mark Tushnet argues that President Obama need not seek Congressional approval for U.S. participation in the Libyan Civil War because this armed conflict is not a ... -
D.C. Circuit Reverses Uthman
Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas p... -
The Libya Intervention as Precedent
President Obama’s speech was a full-throated defense of his deployment of U.S. -
D.C. Circuit Dismisses Mohammed Appeal
Today the D.C. Circuit granted the government's motion to dismiss as moot Farhi Saeed Bin Mohammed's Guantanamo habeas merits appeal. The government had appealed Judge Gladys Kessler's grant of Mohammed... -
Harold Koh on the Legality of the Libya Intervention
Koh said the intervention is legal under UNSCR 1973, and that the administration had complied with the WPR. -
Jonathan Rauch on Comment OR Vote
My partner in the Comment OR Vote campaign, Jonathan Rauch, has this column today in The Daily. -
Ad-Free Lawfare
Back in December, we announced the Lawfare Official Advertising for Charity program, the LOAC Fund as we jokingly named it. The idea was to create a revenue stream through advertising on the blog for two... -
The FBI's Miranda Memo: Some Thoughts
The major significance of the FBI's Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in ... -
Text of FBI Memorandum on Miranda
Charlie Savage of the New York Times has posted the text of the FBI's new guidance on Miranda. I'll post thoughts after I've had a chance to digest it.
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