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Five and a Half Years as a Sentence for Conspiring to Murder U.S. Troops In Iraq? Delaema Freed by a Dutch Court
A Dutch court has freed Wesam al-Delaema, convicted in an American Court just last year following his plea of guilty to the charge that he conspired to kill Americans in Iraq as part of the insurgency. ... -
Al Adahi Cert Petition
Lawyers for Guantanamo detainee Mohammed Al Adahi have filed a cert petition, which raises the following question: -
Problems with Military Detention (Cont'd.)
Two quick thoughts in response to Jack's post from early this morning: First, it bears emphasis that the sort of policy creativity reflected in the dialog between Jack and Rick Pildes concerning options... -
Problems with Military Detention
I have argued that the Executive branch should rely on military detention, not trial, for the GTMO population. In practice, this is what the Obama and Bush administrations have been doing, with tiny exc... -
Where the ACLU/CCR Arguments Eventually Lead
Ok, this exchange is funny--in a macabre, morbid sort of way. It's also deadly serious. Foreign Policy magazine has published 14 suggestions for President Obama by 14 prominent people concerning how the ... -
Continuity and Change Between Administrations on Terror
Over the past few months, there has been a great deal of ferment on the question of whether the fundamental posture of the Obama administration in counter-terrorism represents change from or continuity w... -
Military Detention in Iraq: Understanding the Detention Policy Cycle for Expeditionary Deployments, and Exploring the Relationship Between Law and Practice in the Field
Ever notice that the debate over detention law and policy rarely makes reference to the American experience in Iraq over the past seven years? Ever wonder what lessons, if any, that experience has to of... -
Another Day, Another D.C. Circuit Brief
The cases are piling up fast and furious at the D.C. Circuit now, as the volume of district court cases continues to grow and generate more appeals. Today, the court released the declassified version of ... -
Forthcoming Debate
Bobby's post today on the comments of, among others, Mary Ellen O'Connell reminded me of something of which I had been meaning to notify readers: Mary Ellen O'Connell and I will be debating the legality ... -
Marc Thiessen on "Holder's Terror Trial Catastrophe"
I disagree with a great deal in this oped and don't mean to pick every nit I could find in it. But it is worth answering some of Marc Thiessen's major points, as they have a way of distilling and reinfor... -
The AQ-AQAP Distinction, State Secrets, and the Al-Aulaki Suit
Ben's most recent post on the al-Aulaki suit has precipitated an interesting discussion at Opinio Juris involving, among others, John Dehn, Kevin Heller, and Mary Ellen O'Connell (Mary Ellen's thoughts ... -
John Bellinger on the Obama Administration’s Approach to Counterterrorism
Here is a speech by former State Department Legal Advisor John Bellinger, given a few days ago at the International Bar Association’s Rule of Law Symposium in Vancouver, Canada. John compares the Obama ...
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