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Key Points in the FY2010 Intelligence Authorization Act
Further to my earlier post on the FY2010 Intelligence Authorization Act, the full text of the bill and the precise details of the compromise among the White House, Senate, and House can be found here (FA... -
Will the Supreme Court Take a GTMO Habeas Case This Term? And If So Will This Persuade Congress to Legislate?
For about a year and a half after the Supreme Court's 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation. Beginning in J... -
Classified Information in Woodward's "Obama’s Wars"
The first Chapter of Bob Woodward’s Obama’s Wars describes Barack Obama’s first post-election intelligence briefing from Director of National Intelligence Mike McConnell, on November 6, 2008. The chapte... -
Al Aulaqi -- Confounding Legal Compliance with Judicial Review
Kevin Heller says that progressives “argue that the decision to kill an American who does not pose an imminent threat should be submitted to law — to the judicial process — not left to the ‘good faith’ o... -
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...
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