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Another Habeas Writ Denial
Judge Colleen Kollar-Kotelly has denied a habeas petition from Guantanamo detainee Fayiz Mohammed Ahmed Al Kandari (ISN 552). The opinion is not yet available. The public record of Al Kandari's CSRT and ... -
The Jeppessen Decision and the Issue of Good Faith in Asserting the State Secrets Privilege
Post-game analysis of the Ninth Circuit's en banc decision in Mohamed v. -
Why Salahi is Important
I posted earlier a summary by Larkin Reynolds of the coming argument in Salahi v. Obama--which the D.C. Circuit is hearing on Friday. I also posted the briefs. I think this case is a big deal, one that s... -
Does Lawfare Need an Apologia?
That is the title of General Charles Dunlap’s latest reflections on lawfare. The abstract: Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best... -
Civilian Criminal Prosecution in Cases Involving al Qaeda: It Happens All the Time...
...and fortunately we don't usually get worked up about it. That's not to say civilian criminal prosecution is always the right or only option. Just a reminder that these cases do come up and don't hav... -
Detention, the AUMF, and the Bush Administration -- Correcting the Record
It is now well known that the Obama administration has embraced almost all of the Bush administration’s counterterrorism policies without substantial modification. One such policy is military detention ... -
Some Thoughts in Response to Steve Vladeck
In his two responses (here and here) to Steve Vladeck's earlier post on S. 3707, Bobby has said, better than I could, much of what what I believe. What remains are a few isolated points of disagreement b... -
More on Defining the Enemy at the Group Level: Steve Vladeck Replies, and I Respond
Earlier today I posted some thoughts in response to Steve Vladeck's commentary on the Graham bill, focused on the question of which groups ought to fall within the scope of the government's authority to ... -
State Secrets – Power from Constraint
An interesting aspect of the recent en banc decision in Jeppesen is the court’s reliance on the new Obama administration internal procedures to support its “independent conclusion . . . -
More on S. 3707 from Peter Margulies
Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, who previously offered these comments on S. 3707 and future dangerousness weighs in on the bill's transfer provision... -
Responding to Vladeck on the Graham Bill - Defining the Enemy at the Group Level
Ben has previously posted at length (see here for the first installment) regarding the pros and cons of Senator Graham’s bill on detention (see here for the first in the series), and over the weekend Ste... -
Argument Preview: Salahi v. Obama
Larkin Reynolds, a Brookings legal fellow who is working with Bobby and me on the next edition of our habeas report, offers a preview of the next big D.C. Circuit case: The first Guantánamo case schedule...
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