It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)...

Over at the AEIdeas blog, Marc Thiessen asks derisively: “Why is the ACLU suiting Panetta, Petraus over Awlaki Killing—But Not President Obama?” He writes: if it’s accountability they want, then why isn...

In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the e...

I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts: First, this lawsuit does not suffer from the prohibitive standing problem that pl...

As Ben says, there is a lot to talk about with respect to al-Aulaqi v. Panetta, a civil suit filed today by the ACLU and CCR in an attempt to obtain money damages for airstrikes conducted by the United S...

The ACLU has filed suit over the deaths in drone strikes of three U.S. citizens: Anwar Al-Aulaqi, his 16-year-old son, and AQAP propagandist Samir Khan. The complaint is available here. The ACLU's press ...

From Guantanamo, this: today's proceedings will be 100% closed, and recess immediately afterwards.  Open proceedings will resume tomorrow.

That's the word from the technical folks here at Fort Meade, anyway.   The hearing reportedly is underway, as of ten minutes ago - but, as expected, the topic under discussion is classified discovery.   ...

Ben already posted last week about the new battle a-brewing over the "Memorandum of Understanding" (MOU) that the Department of Justice is apparently requiring counsel in the Guantanamo habeas cases to s...

For Kammen, the next defense motion, AE74, is all about saving government money and efficiency. The government has provided a database to the defense in discovery, the attorney tells the court. And these...

We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.

Kammen shifts to his reimbursement motion, AE 76.  In particular, defense counsel wants to add a sixth, civilian paralegal to Al-Nashiri’s defense team. That person would be paid on an hourly basis, perf...