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Two Uighurs have now been transferred from GTMO to...
... El Salvador. [I've just changed the title to reflect the fact that other Uighur detainees still remain at GTMO]. From DOD's press release: IMMEDIATE RELEASE No. 291-12 April 19, 2012 -
GTMO, Civil Suits, and Qualified Immunity: The Problematic Analysis in Hamad v. Gates
Was it clearly established in 2006-07 that GTMO detainees were entitled to the protections of the Fifth Amendment? A district judge in Washington State thinks so, adding that it was clearly established ... -
Thoughts on Stephen Preston's Harvard Speech
How should we understand CIA General Counsel Stephen Preston's speech at Harvard Law School the other day? It is not, like earlier speeches by senior administration lawyers and counterterrorism officials... -
Government Response Filed in Suleiman
The government has filed its response to Abdulrahman Abdou Abou Al Ghaith Suleiman's petition for rehearing en banc in the D.C. Circuit. -
Obama Administration Senior Speeches on Targeted Killing Plus ... A Blog Post
We now have a collection of speeches from the past two years by the Obama administration's top lawyers in the national security agencies and departments on targeted killing and (hypothetically speaking) ... -
Court Dismisses Detainee Suit in--Of All Places--Washington State
A judge of the U.S. District Court for the District of Washington in Seattle has dismissed a Bivens action by a former Guantanamo detainee against former Defense Secretary Bob Gates. Adel Hassan Hamad is... -
Cert. denied in two Guantanamo cases
Today the Supreme Court issued cert. determinations in two of the several Guantanamo-related petitions that have been filed this term. The Court denied both petitions, declining to hear either Abdah v. -
More Habeas Silliness: The "Right to Habeas Corpus" Act
Rumor has it that sometime this week (perhaps as early as tomorrow), Congressmen Scott Rigell (R-VA) and Jeff Landry (R-LA) will introduce a bill titled the "Right to Habeas Corpus Act." In short, the bi... -
NATO’s Role in Libya was a Joke [UPDATED]
An important predicate for the legal and political justification for the U.S. -
Emerging Law of Detention 2.0--Updates
Last year, Bobby, Larkin, and I released a paper entitled "The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking." The paper promised to be a kind of living document: Rather than si... -
Court Filings in Nashiri v. MacDonald
I hope you aren't too sick of reading about Abd Al-Rahim Hussein Muhammad Abdu Al Nashiri, 'cuz there's more. No, this isn't from his military commission case. -
State Practice and Armed Confict with Non-State Actors
Nigeria seems to have just added some state practice to the debate about whether and when an armed conflict exists between a state and a terrorist group. On Tuesday, the Nigerian Army’s Chief of Staff i...
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