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Does Buck McKeon Really Mean This?
According to CNN, the new chairman of the House Armed Services Committee, Buck McKeon, suggests not closing Guantanamo but expanding it: The chairman of the House Armed Services Committee said he would l... -
D.C. Circuit Decision in ACLU v. Dep't of Defense
The D.C. Circuit today announced its decision in ACLU v. Dep't of Defense, a Freedom of Information Act ("FOIA") case in which the ACLU challenged the government's withholding of documents relating to th... -
David Remes on Al Adahi Cert Denial
Habeas lawyer David Remes sent in the following thoughts about the Supreme Court's denial of certiorari in Al Adahi today--about which I commented here: That the Court did not grant review is a disappoin... -
I Almost Never Write Law Review Articles...
...but I make very occasional exceptions, one of which has just been published. I wrote this lengthy article in the Harvard National Security Journal with a remarkable law student named Adam Klein (about... -
Thoughts on Today's Oral Argument in the State Secrets Case
Having now read the transcript of today's oral argument in General Dynamics v. United States/Boeing v. -
State Secrets Privilege at the Supreme Court Today
Back in September I noted that the Supreme Court granted cert. in a pair of state-secrets privilege ("SSP") cases, General Dynamics v. United States and Boeing v. -
Why the Al Adahi Cert Denial Matters
The Supreme Court's denial of cert in Al Adahi is not in any sense a surprise. To the contrary, I would have been shocked if the justices had agreed to hear the case. It is, however, an important develop... -
Cert. Denied in Al Adahi v. Obama
This morning the Supreme Court denied cert. in Al Adahi v. Obama. Justice Kagan had unsurprisingly recused herself from the case. In this petition the detainee argued that the D.C. -
State Secrets Argument Preview
Lyle Denniston of SCOTUSblog has a useful preview of today's oral argument in General Dynamics Corp. v. U.S. and Boeing Co. v. U.S., a pair of Supreme Court cases that test the ongoing vitality of the st... -
Al-Awlaki Prosecuted Successfully in a Civilian Court?
Well, yes, in Yemen, in absentia. According to al-Jazeera, the government of Yemen indicted al-Awlaki and his cousin (Othman al-Awlaki) for inciting another man--Hisham Mohammed Assem--to carry out an a... -
Why I Won't Engage Glenn Greenwald
A few weeks ago, I received an email from a producer inviting me to participate in a “debate+discussion with Glenn [Greenwald] about the legality of the Predator strikes.” I responded, “I would be happy ... -
Hiding our Cyberwar from Congress
That is the title of an informative post by Marcy Wheeler about recent examples of ineffective congressional oversight (to put it mildly) of DOD’s growing cyber operations.
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