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The Supreme Court Takes a State Secrets Case...But Not One You Likely Know About, Unless You Follow DOD Acquisitions
The Supreme Court granted cert. today in General Dynamics v. United States and Boeing v. -
Adam Serwer on Al Aulaqi
Adam Serwer of the American Prospect has a typically thoughtful post on the government's Al Aulaqi brief, notable for his taking the government's arguments seriously even in dismissing them. -
An Intelligence Authorization Act Compromise? GAO Audits, Covert Action Findings, and Statements on the Legality of Covert Action in Cyberspace
[FINAL UPDATE: Please disregard this original post, and instead look to my summary of the actual bill posted on 9/29/10] [update: some have suggested to me that my impression of the bill will be differe... -
A Discussion of S. 3707 from the Horse's Mouth
Here's an interesting addition to our discussion of Lindsey Graham's Guantanamo habeas legislation. Walter Kuhn, Minority Chief Counsel on the Senate Judiciary Committee's Subcommittee on Crime & Drugs, ... -
The Human Rights Council Investigation of the Flotilla Incident: Paying Attention to the Legal Conclusions Advanced in the Report
In the aftermath of the Israeli/Gaza "flotilla" incident, the U.N. Human Rights Council appointed a panel to investigate potential violations of both international humanitarian law and international huma... -
A New Guantanamo Article from David Cole
David Cole has a new article on Guantanamo in the New York Review of Books. There is a great deal in David's article with which I disagree, both tonally and substantively. But his piece, as with a fair b... -
The Grounds on which the Government Wants to Win
In my previous post, I argued that the government's Al Aulaqi privilege claim, for all the attention it is getting, is not the grounds on which the government wants to get this case thrown out. -
The Al Aulaqi Brief's Privilege Claim
Jack has already pointed out that the government's invocation of the states secrets privilege in its Aulaqi brief is reluctant, even grudging. If anything, he is understating the point. Some press covera... -
What the Government’s Al-Aulaqi Brief Reveals [Updated]
The USG’s brief in Al-Aulaqi, the targeted killing case, reveals a great deal about the Obama administration’s thinking about its legal authorities. 1. Perhaps most noteworthy is the brief's re... -
More from the Government's Al Aulaqi Filing
Jack has already posted the government's brief in opposition to the ACLU's and CCR's request for a preliminary injunction and in support of its motion to dismiss. The government, however, filed some othe... -
USG's Brief in Al-Aulaqi
Here is the U.S. Government’s brief in support of its motion to dismiss the ACLU targeting killing case, Al-Aulaqi v. Obama. The government's general comment on the case is as follows: The injunction pl... -
Two Recent GTMO Detention Wins for the Government
The underlying opinions are not yet available, but readers may be interested in knowing that merits decisions in two more GTMO habeas cases were reported over the past week, including one today. The gov...
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