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Catch-22 Alive and Well in the SDNY Too
On his new blog, The Loyal Opposition, New York Times Editorial Page Editor Andrew Rosenthal has this post arguing that "One particularly compelling reason [not to use military commissions] is that tribu... -
Detention Authority and Section 1031 of the NDAA
In a post on the American Constitution Society's blog, Steve Vladeck takes aim at section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF. If you'... -
Scott Horton on the “Pyrrhic” Victory Over Gaddafi [UPDATED]
Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory. From the domestic law perspective, Horton maint... -
McKeon Letter to Obama on Detainee Provisions of the NDAA
Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli... -
Meta-Correction
May God bless their little souls. The poor dears really are trying. The New York Times editorial page has now corrected its correction. This is getting meta, and this post will be incomprehensible to th... -
A Call for Debate on the Merits of the Mandatory Military Custody Provision of the NDAA
The latest public development in the long-running fight over the detention provisions in the National Defense Authorization Act occurred last Friday when a group of 13 Senate Democrats (all the Democrats... -
Unsporting to Shoot Fish in a Barrel?
Over at the Volokh Conspiracy, Kenneth Anderson writes of my post yesterday, "What should most concern the Times are the couple of emails I’ve received from several eminent professors, smart and intellec... -
The New York Times Runs a Correction on an Editorial!
I awoke this morning to a genuine marvel: An actual real-live correction to a New York Times editorial on a national security issue. It reads as follows: This article has been revised to reflect the foll... -
Ayotte Amendment Fails
The Kelly Ayotte amendment I discussed yesterday was voted down late last night, reports the Associated Press: WASHINGTON — The Senate voted early Friday to reject a Republican effort to prohibit the Uni... -
Kucinich et al. v. Obama Tossed Out
Judge Reggie Walton today dismissed on standing grounds the lawsuit challenging the legality of the military operation in Libya (via Josh Gerstein). The decision was not remotely surprising, and indeed ... -
Who Needs This?
Another unpleasant proposed spending restriction related to trying suspected terrorists--this time from Senator Kelly Ayotte. This is a proposed amendment to an appropriations bill for the Justice Depart... -
Jeh Johnson on Reaffirming the AUMF
Here is the text of Pentagon General Counsel Jeh Johnson's comments on AUMF reaffirmation, which I discussed yesterday in this post: CULLY STIMSON: . . . there are proposals on the Hill regarding reaffir...
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