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Argument Recap in Lebron v. Rumsfeld (Padilla's Bivens Suit)
Oral arguments in Lebron v. Rumsfeld took place before the Fourth Circuit on Wednesday. -
“...we on the Ninth Circuit now exercise jurisdiction over all the earth..."
Adding to this year’s judicial cornucopia of Alien Tort Statute decisions on corporate liability, on Tuesday an en banc Ninth Circuit released its long-awaited decision in the even longer-running (eleven... -
Why Did Al-Hajj Drop His Habeas Petition?
The estimable, if oddly-named, Bmaz of the Empty Wheel blog asks in a Tweet "Why did al-Hajj withdraw his Habeas petition? Did he just give up like others have?" Short answer: I don't know at this stage.... -
Mehanna, Online Incitement as Material Support, and the First Amendment
I posted a few days ago regarding the Mehanna prosecution, noting that the defense requested a jury instruction on First Amendment issues. It turns out this was a request for three preliminary instructi... -
Sharqawi Abdu Ali al-Hajj Withdraws Habeas Petition
Judge Lamberth has granted a joint motion by Sharqawi Abdu ali Al-Hajj (ISN 1457) and the government to dismiss al-Hajj’s habeas petition, without prejudice. The one-page order is here. For prior cover... -
Al-Madhwani Cert Petition
Musa'ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention. -
Another Habeas Denial
On October 12th, Judge Walton denied habeas relief to GTMO detainee Abdul Qader Ahmed Hussein (ISN 690), and the 22-page unclassified opinion is now available here. I don't think the opinion breaks any ... -
Judge Rejects Extraterritoriality Objection in Terrorism Prosecution
One of the interesting things about 18 USC 2339B (the 1996 material support law) and -
The Mehanna Prosecution and the First Amendment
An important case gets underway tomorrow in Boston: the civilian criminal prosecution of Tarek Mehanna, charged with an array of offenses stemming from allegations that he traveled to Yemen in 2004 in an... -
Oral Argument Preview in Lebron v. Rumsfeld (Padilla's Bivens Suit)
Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court's dismissal of a B... -
An Apology: Alsabri
I'm afraid I owe Lawfare readers an apology. Because of a calendar foul-up, I missed yesterday's D.C. Circuit argument in Alsabri v. Obama, a Guantanamo habeas case--nor did I write an oral argument prev... -
Historical Examples of Remand to Military Detention After Commission Prosecution
Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ...
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