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In the Washington Post over the weekend, Peter Finn and Del Quentin Wilber survey the evolving legal landscape that is being created in Guantanamo detainee cases, complete with a quotation from Ben.
The...
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Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language:
From my standpoint as a Guantánamo habeas lawyer, the detainee tran...
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Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ...
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Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so). There were at least four major developments worth highlighting, most of them largely under the nat...
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My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a...
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The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay...
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The en banc Court of the U.S. Court of Military Commission Review has ruled here in Hamdan (but not yet in al-Bahlul), affirming the conviction and sentence. Bobby will have analysis later.
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First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site.
We are likely soon to get a test of how seriously Congress takes all of the War Powers R...
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Columbia law professor Trevor Morrison has a new essay, posted at SSRN, entitled "Libya, 'Hostilities,' the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation." Among other...
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The appellant's brief in the case of Fayiz Mohammed Ahmed al-Kandari v. United States is now public. Al Kandari is a Kuwaiti Guantanamo detainee who is seeking to reverse the Judge Colleen Kollar Kotelly...
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Charles Krauthammer today argues for “a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent.” I usual...
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As Ben notes below, the Khairkhwa decision draws attention to the question whether the substantive scope of detention authority under the AUMF should be construed to extend to a person who is a member of...
