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David Cole on Obama v. Bush
Ben has already commented on David Cole’s TNR essay (subscription needed) about how the Obama approach to counterterrorism differs from the Bush approach. But since David uses my own TNR essay on the su... -
Espionage Act: Hearing at the House, Witness Testimony
Today the full Judiciary Committee of the House of Representatives held a hearing on the Espionage Act and the Legal and Constitutional Issues Raised by WikiLeaks. Below are links to the prepared witnes... -
Transfers from GTMO to the United States: Not Banned Outright After All?
Adam Serwer has a goodcatch on this one. As we've noted before, the pending omnibus spending package contains a wholesale prohibition on transfers of detainees from GTMO to United States territory. Or ... -
Al Harbi (Mingazov) Appellant's Brief Released
Last week (and our apologies for the belated update), the D.C. Circuit released the public version of the appellant's brief in another habeas merits appeal, Al Harbi v. Obama. -
The Implications of Charging Assange for Conspiracy to Leak [Updated]
Charlie Savage reports in the New York Times that DOJ is considering charging Julian Assange as a conspirator to Bradley Manning’s undoubtedly illegal leak of classified information: Justice Department o... -
Public Appellant Brief Available in Al Madhwani
Today, the D.C. Circuit released the public version of the appellant's brief in Al Madhwani v. -
David Cole on Continuity and Change
Back in October, I posted a link to a speech I had given some months earlier on continuity and change between the Bush and Obama administrations on counterterrorism. I looked at the question through four... -
Whistleblower Protection Bill Passes Senate
Last Friday, the Senate passed, by unanimous consent, S. 372, a bill designed to improve the existing whistleblower protection regime. Senator Daniel Akaka (D-HI) introduced the bill in 2009 to improve ... -
What Criteria Define Military Detention Authority at the Individual Level?
How do we define the scope of military detention authority at the individual level? That is to say, how do we define with precision the necessary and sufficient conditions that make a particular person ... -
Court of Appeals Dismisses Basardh
Today the D.C. Circuit released, in redacted form, its November order dismissing the government's appeal in Basardh v. -
Malinowski on IHL Away from the Battlefield and on the Meaning of Imminence
Last week I raised the question whether Human Rights Watch has altered its position on the scope of application of international humanitarian law (“IHL”)—a topic with tremendous significance for both the... -
Interesting Reader Responses on Wikileaks
I've received a number of interesting responses to my post from Sunday on rewriting the Espionage Act. Two bear particular attention.
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