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Jack and Ben earlier noted the government's long-awaited brief in support of its motion for summary judgment in New York Times Co. v. Department of Justice and ACLU v.
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Here is the Government’s brief in support of its summary judgment motion in response to requests by the NYT and ACLU for records on targeted killings, especially with regard to U.S. citizens. This is t...
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A few days ago, the New York Times editorial page made a remarkable claim: "In the 19 [Guantanamo habeas] appeals [the D.C. Circuit] has decided, the court has never allowed a prisoner to prevail." As I ...
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One of the more obscure habeas cases of the last few years has been El Falesteny v. Obama. The case's key documents were sealed, both on appeal to the D.C.
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I actually don't have much to say, now that it's here, on the New York Times editorial on the detention case cert denials.
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Kind of interesting that military commission defense lawyers insist that the defendants should be able to wear the clothes of their choice but that female prosecutors should cover up.
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In a surprising development, the Obama Administration today filed an amicus brief in the Kiobel case in partial support of Shell Oil, arguing that the Alien Tort Statute should not be applied to allow a ...
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[Update: Ben Weiser's coverage in the Times points out that real benefit of the plea for Ahmed of course was to avoid the firearms charge, which entailed a thirty year minimum. Ben also confirms that Ju...
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Steve's mention earlier that he was positively soft on the D.C. Circuit compared to the Times reminded me that we haven't seen any sign yet of the inevitable editorial bashing the justices for failing to...
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A few final thoughts on the topic of DC Circuit fidelity to Hamdi and Boumediene, for the three people still paying attention to us (hi Mom!).
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At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby's thoughtful intervention in the back-and-forth between Ben and me on whet...
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Steve's post on Garcia and Munaf got me thinking about seepage. Remember this? It is the idea that seemingly fact-bound national security cases can announce rules of more general applicability - ones th...
