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The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick G...
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The European Court of Human Rights ("ECHR") today held that Macedonia had violated the rights of Khaled El-Masri. In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspe...
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Looks like the D.C. Circuit is going to get another crack at Bagram jurisdiction. Maqaleh II, decided by the district court in mid-October, is headed up. Good luck with that!
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As Ritika already noted, George Will has a column in today's Washington Post about drones and targeted killing. In it, he poses a question lots of people ask about drone strikes and that warrants a momen...
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Back in early November, Ben and I blogged about Fordham Professor Andrew Kent's provocative new essay, "Do Boumediene Rights Expire?," which he published in "PENNumbra," the online companion to the Unive...
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Over the weekend, the United Kingdom joined the United States in warning publicly about Syria’s intentions regarding its chemical weapons. Foreign Secretary William Hague told reporters that the U.K.
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To the day's tally of important national security law filings, add this: the appellees' brief in Hedges v. Obama.
The below comes from the brief's argument section:
Comparing the text of the two enact...
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The Congressional Research Service published on December 4 a report entitled “Detention of U.S. Persons as Enemy Belligerents,” which the Federation of American Scientists has posted. Its summary reads:
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A few weeks ago, I noted a post by Chris Jenks arguing that negotiations for a US-Afghanistan security agreement might come to grief over the issue of criminal jurisdiction over U.S.
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Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...
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Last week in DC, the ABA Standing Committee on Law and National Security put on its annual "review of the field" conference. It was a great event, as always. One of the highlights was a very interestin...
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The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v.
