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Back in September I noted that the Supreme Court granted cert. in a pair of state-secrets privilege ("SSP") cases, General Dynamics v. United States and Boeing v.
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The Supreme Court's denial of cert in Al Adahi is not in any sense a surprise. To the contrary, I would have been shocked if the justices had agreed to hear the case. It is, however, an important develop...
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This morning the Supreme Court denied cert. in Al Adahi v. Obama. Justice Kagan had unsurprisingly recused herself from the case.
In this petition the detainee argued that the D.C.
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Lyle Denniston of SCOTUSblog has a useful preview of today's oral argument in General Dynamics Corp. v. U.S. and Boeing Co. v. U.S., a pair of Supreme Court cases that test the ongoing vitality of the st...
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Well, yes, in Yemen, in absentia. According to al-Jazeera, the government of Yemen indicted al-Awlaki and his cousin (Othman al-Awlaki) for inciting another man--Hisham Mohammed Assem--to carry out an a...
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A few weeks ago, I received an email from a producer inviting me to participate in a “debate+discussion with Glenn [Greenwald] about the legality of the Predator strikes.” I responded, “I would be happy ...
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That is the title of an informative post by Marcy Wheeler about recent examples of ineffective congressional oversight (to put it mildly) of DOD’s growing cyber operations.
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Believe it or not, this blog does have a higher purpose than to send Glenn Greenwald into paroxysms of rage--though I confess that such paroxysms are great fun when we happen to provoke them, and they se...
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I am trying to collect major examples of the various roles that inspectors general play in national security. Below I have broken down their roles into three categories, and listed examples of each. (I...
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For those who haven't yet heard, DOJ announced earlier today that David Kris is stepping down as Assistant Attorney General for the National Security Division.
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The Obama administration does badly on each of the final three elements of the Human Rights First report card. On the first of these, the group writes,
Grade: C
Accountability and Oversight of U.S. Priv...
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Steve Vladeck has a good post up noting that Justice Kagan has to recuse from most if not all the GTMO-related cases that are percolating up, and that as a result there's relatively little prospect of ge...