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Mohamed v. Jeppesen Dataplan (9th Cir. Sep. 8, 2010) (en banc) (affirming judgment of district court dismissing suit in light of State Secrets Privilege)
A closely-divided en banc 9th Circuit has reversed an earlier panel decision that had in turn reversed a district court decision dismissing this civil suit relating to the CIA’s rendition program. The ... -
More on the Scorecard
Steve Vladeck makes a few important points in response to my post on the habeas scorecard. In defending the scorecard, he first notes that my list of problems with it is incomplete, since "the scorecard ... -
Whether Judicial Minimalism in the Habeas Litigation Matters
Ben notes that one major flaw of the “scorecard” approach to the GTMO habeas litigation is that it fails to convey to the casual reader any sense of the considerable success the government has had thus f... -
Why I Don't Like the "Scorecard"
It has become something of a convention in the copious journalism surrounding the Guantanamo habeas litigations to keep a win-loss scorecard. A typical example is this recent story by Miami Herald report... -
A Response from Daphne Eviatar
Daphne Eviatar responds to my comments and challenge of last week. As promised, I am posting her response unedited: Last week, Brookings Institution fellow Benjamin Wittes continued an exchange we’ve bee... -
Briefs, Briefs, Briefs
The D.C. Circuit has a number of Guantanamo appeals pending. Consider us your one-stop-shopping brief superstore. Stay tuned for analysis of what the parties are arguing. For now, here's the raw material... -
National Security Law Forecasting: The Prospect of Revived Habeas Litigation As the U.S. Draws Down in Afghanistan
We are in the midst of a protracted round of merits litigation involving the habeas corpus petitions of Guantanamo detainees. The government has lost more often than it has won thusfar, but let’s not fo... -
No Comment
Anyone who is wondering why we are not taking comments on this blog should take a look at this and this and this from Orin Kerr. They are hilarious—and a bit depressing. My colleague Jonathan Rauch has s... -
Reflections on Al-Bihani -- Part II
Judge Brown’s statement in the Al-Bihani rehearing denial sparks three thoughts: 1. -
Peter Margulies on S. 3707 and Future Dangerousness
Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, kicks off our discussion of S. 3707 with some very-thoughtful comments on future dangerousness and the bill's bar on... -
The Washington Post on Al-Aulaqi
My former colleagues at the Washington Post editorial page this morning have a thoughtful piece on the targeting of Anwar Al-Aulaqi, on which Kevin Jon Heller and I sparred earlier in the week. The Post ... -
Addington to Heritage
David Addington, Vice-President Cheney’s Counsel and later Chief of Staff, is the new Vice-President for Domestic and Economic Policy Studies at the Heritage Foundation. Conor Friedersdorf complains tha...
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