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Transcript in Hamdan Available
The unofficial transcript from May 3rd's oral argument in Hamdan v. USA in the D.C. Circuit Court of Appeals before Chief Circuit Judge David Sentelle and Circuit Judges Douglas Ginsburg and Brett Kavana... -
A Few Thoughts on Hedges
I am as perplexed by yesterday's Hedges decision as either Steve and Bobby--and largely agree with both of their posts on the subject. -
Issues with Hedges v. Obama, and a Call for Suggestions for Statutory Language Defining Associated Forces
A few reflections on Hedges v. Obama, enjoining at least some aspects of section 1021 of the NDAA: A Self-Inflicted Wound? -
Why Hedges v. Obama is Terribly Perplexing
I've now had more of a chance to read through Judge Forrest's decision Wednesday in Hedges v. Obama, which (seems to) enter a preliminary injunction against some or all of section 1021 of the FY2012 Nati... -
The FY2013 NDAA and Domestic Detention--Now With More Misdirection
Ben is a far better wordsmith than I--"a little cowardly" communicates a lot more in a lot less than my post from Tuesday afternoon about why the House Armed Services Committee's version of the FY2013 Na... -
Federal Judge Enjoins Section 1021 of the FY2012 NDAA
Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing... -
Retired Admirals and Generals Endorse Smith-Amash Amendment
The debate over the Smith-Amash amendment to the NDAA continues. Yesterday, we posted a letter written by former administration attorneys general criticizing that amendment, among others. Today, it's twe... -
Some Thoughts on the New NDAA and the Smith-Amash Amendment
I have largely refrained from commenting on the machinations over this year's NDAA--in part because I'm still a little worn out from last year's NDAA, and in part because the issue seems to me a bit of t... -
White House Threatens Veto of NDAA FY'13 Bill in Relation to Detainee Provisions
The White House has issued a SAP (Statement of Administration Policy) threatening to veto HR 4310 (the NDAA FY '13) on various grounds, including objections to the detainee provisions found in sections 1... -
Letter from former U.S. Security Officials On those 2013 NDAA Amendments
Over at DefCon Hill, Jeremy Herb shares a letter written by former Attorneys General Edwin Meese III and Michael Mukasey and former Secretary of Homeland Security Michael Chertoff to House Armed Services... -
D.C. Circuit Denies Petition for Initial En Banc Hearing in <i>Al-Bahlul</i>
We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been... -
Once More, With Feeling: The FY2013 NDAA and Domestic Detention
I have thus far stayed fairly mum on the FY2013 National Defense Authorization Act, if for no other reason than the 150 exams (now 80) that I have to grade.
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