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Tofiq Al Bihani Detention Summarily Affirmed
Today the D.C. Circuit issued its disposition of (Tofiq) Al Bihani v. Obama (Case No. 10-5352) with an order granting the parties' joint motion for summary affirmance. The parties had agreed in their mo... -
Mexico, Insurgency, and the Arguably Misleading Controversy over Under Secretary Westphal's Remarks
Last week, Under Secretary of the Army Joseph Westphal gave a speech at the University of Utah’s Hinckley Institute of Politics on the subject of “The Impact of Education on the Armed Forces in the 21st ... -
Kiyemba Cert. Opp. Filed
Yesterday the government filed its opposition to the Kiyemba III petition for certiorari. We mentioned Kiyemba III in this post a few months back, and discussed briefly the question in what was then a n... -
Uthman 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 Uthman Abdul Rahim Mohammed Uthman (Case No. 10-5235). The case, captioned un... -
Lawfare, Common Article 3, and Military Commissions in Rumsfeld’s "Known and Unknown"
Chapter 40 (“Law in a Time of War”) of Donald Rumsfeld’s new book, Known and Unknown, will be of special interest to Lawfare readers. In it, Rumsfeld discusses his views on “lawfare,” the origins and tr... -
Public Merits Briefing Complete in Abdah v. Obama (Latif)
Today the final public merits brief became available in the D.C. Circuit case of Abdah v. Obama (No. 10-5319). The petitioner in this case is Adnan Farhan Abd Al Latif, who won his case before Judge Hen... -
Video of Last Week's Detention Event at Harvard
The Harvard people have kindly put up a video of the National Security and Law Association/National Security Journal event from 4 February. The event was called "Understanding Detention and Predicting Pr... -
No Evidence that Assange Induced Manning to Leak
The Wall Street Journal is reporting that federal investigators “have been unable to uncover evidence that WikiLeaks founder Julian Assange induced an Army private to leak government documents to his web... -
Kenneth Anderson on Al Warafi
Over at the Volokh Conspiracy, Kenneth Anderson, his tongue planted firmly in his cheek, offers a modest proposal for the United States government as to how it should handle Al Warafi's claims to be medi... -
Al Warafi Post-Argument Maneuvering
The letter filed today with the D.C. Circuit by Al Warafi's attorney, which Larkin noted earlier, appears to be a response to my earlier post on the argument. This is not explicit in Roger A. -
Al Warafi: Letter from Counsel on Burden of Proof
Following yesterday's oral argument in Al Warafi v. Obama, today petitioner's counsel filed a letter with the D.C. Circuit to clarify the petitioner's position on an issue that came up during questioning... -
From the Al Warafi Record
As Ben highlights in his summary of yesterday’s Al Warafi oral argument, a key issue for the D.C. Circuit in this case is the meaning of the district court’s finding that Al Warafi served as a medic with...
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