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Military Commission Proceeding Against the 9/11 Defendants (KSM and Others) Inches Closer
DOD has just announced that charges have now been sworn by military commission prosecutors in the case against KSM and four others linked to the 9/11 attacks. From DOD's press release: T... -
DOJ Announces Arrest in Kentucky of Two Men Involved in IED Attacks in Iraq
Last week I posted about the views of some in Congress who are upset that the government might not employ the military commission system to prosecute certain offenses committed in Iraq. I noted that the... -
Supreme Court Rejects Fourth Amendment Challenge to Material Witness Detention in Al-Kidd v. Ashcroft
The Supreme Court has reversed the Ninth Circuit in al-Kidd v. -
Another Thought About Al Madhwani
One further thought about the D.C. Circuit's Al Madhwani opinion--along the same lines as I mentioned earlier. There are at least two other places in this brief (12 page) opinion in which the panel opini... -
A Thought on Al Madhwani
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D.C. Circuit Opinion in Al Madhwani
The D.C. Circuit has just issued its opinion in Al Madhwani v. Obama--a Guantanamo habeas case. The case, which I previewed here and whose oral argument Larkin and I tag-team-covered here, is brief and b... -
Der Spiegel Claims Germany Witholds Intel on Militants Who Might Be Drone Strike Targets
According to Der Spiegel Online, Germany is withholding intelligence from the United States out of concern over the legality of such cooperation in circumstances that might result in a drone strike killi... -
Cert. Denied in Khadr v. Obama (Concerning Deference to the Executive on GTMO Transfer Decisions Implicating a Risk of Torture)
Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v. -
State Secrets and Today's Supreme Court Decision in General Dynamics Corp. v. United States
The Supreme Court today issued a unanimous opinion in General Dynamics Corp. v. -
Khadr v. Obama Re-listed--Yet Again
SCOTUS Blog notes that: The Court [has] relisted for a fourth time . . . Khadr v. Obama, 10-751 . . . suggesting that statements respecting, or dissents from, the denial of cert. may be forthcoming. -
Cert Denied in State Secrets/Rendition Case
The Supreme Court denied cert this morning in Mohamed v. Jeppesen Dataplan, leaving in place the Ninth Circuit’s en banc opinion affirming dismissal of a civil suit (relating to rendition) on state secre... -
Cert. Petition filed in Toffiq Al Bihani
Last Wednesday counsel for Toffiq Al Bihani filed a petition for certiorari in the Supreme Court. Readers may recall that the D.C.
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