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The NSA’s Growing Role in Domestic Cybersecurity
The New York Times reports today that the “Obama administration has adopted new procedures for using the Defense Department’s vast array of cyberwarfare capabilities in case of an attack on vital compute... -
Judge Randolph at Heritage
A. Raymond Randolph, a D.C. Circuit senior judge who has played an out-sized role over the years in the Guantanamo habeas cases, gave a speech yesterday evening at the Heritage Foundation entitled "The G... -
The D.C. Circuit Weighs in on Deference in Connection with Disclosures of Security-Related Information
One of the many headaches associated with the GTMO habeas litigation concerns the process of deciding which items of information used in the litigation should be treated as "protected information" that c... -
Thoughts from David Remes
Habeas lawyer David Remes sent in the following in response to my response to Gabor Rona--who in turn was responding to this post. I am going to let David have the last word here: Ben's response to Gabor... -
New Habeas Opinion
Judge Richard Leon has issued an opinion denying a writ of habeas corpus to an Afghan national named Obaydullah in the latest Guantanamo habeas case. The brief opinion follows Judge Leon's usual practice... -
Al-Aulaqi Argument Schedule
Judge John Bates issued the following order in Al-Aulaqi yesterday: MINUTE ORDER: Pursuant to plaintiff's request (to which defendants have not objected) made during the parties' joint telephone confere... -
Adam Serwer on the John Allen Muhammad Model
Adam Serwer has a very interesting response to my post a few days back about charging KSM and friends in both Article III courts and military commissions. He says he wouldn't oppose the idea, but he does... -
U.S. Criminal Investigation and Prosecution of Mexican Cartels: Lessons from Operation Luz Verde
William Booth and Nick Miroff have an interesting article in this morning's Washington Post concerning Operation Luz Verde, which was a criminal investigation focused on an effort by the Fernando Sanchez... -
Are Habeas Decisions Trending the Government's Way?
In a recent article in the Miami Herald, Carol Rosenberg noted that the government has prevailed on the merits in three straight GTMO habeas proceedings and offered perspectives on what this might signif... -
The Obama Administration’s Forthcoming Increased Reliance on Presidential Power
This Obama administration’s caution about using presidential power unilaterally will likely change after the expected surge in republican congressional numbers following the midterm elections. Glenn Thr... -
Gabor Rona on Choice of Forum
I intended this post as a challenge to the political Right, not the human rights community, on military commissions. I was, therefore, a little surprised to receive this note from Gabor Rona, internation... -
And Petitioner's Reply Brief in Al-Alwi...
...can be found here. Al Alwi, I should note, is not to be confused with Al Aulaqi. This is a minor Guantanamo case. Here is the petitioner’s merits brief. And here is the government’s brief.
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