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Notes from the Salahi Argument
I tried to take good notes at the Salahi oral argument this morning. The following is a crude summary of the argument, the transcript of which I will post when it becomes available. Bottom line: Expect a... -
Ghailani Update: Yesterday's Testimony by a Key Would-Be Government Witness
In an earlier post I noted that the defense in the Ghailani prosecution (involving a former GTMO detainee now on trial in New York in connection with the 1998 East Africa embassy bombings) seeks to preve... -
Is the Obama Administration Relying on Article II for Targeted Killing?
A few days ago I argued that the Obama administration’s eschewal of the Bush administration Article II argument in its detention litigation was not as big a deal as it seemed. Now I want to explain why ... -
What If Yemen Were Phoenix?
Kevin Jon Heller asks in response to my post the other night: 1. Politics aside, does the Obama administration have the legal right to kill an American citizen allegedly associated with Al-Qaeda who is l... -
Divisions within the Administration Concerning Al Aulaqi Response?
Don't miss this very interesting story from Charlie Savage on the argument going on within the administration concerning how to respond to the Al Aulaqi lawsuit. The story, which quotes both of my co-blo... -
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...
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