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Just in from the Congressional Research Service, this report compares the rights of defendants tried in military commissions to those tried in federal criminal court. Presumably because of the commenceme...
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Whatever else one might say about Fourth Circuit Judge J. Harvie Wilkinson III, I think it's safe to describe him as one of the leading contemporary advocates of judicial restraint on the federal appella...
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I've blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military...
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I have now read the new Seton Hall report to which I linked earlier and I have to say: I am perplexed.
The report's thesis, in a nutshell, seems to boil down to two propositions: that the D.C. Circuit's...
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I only just noticed this new report by Mark Denbeaux, Jonathan Hafetz, and an extensive list of others at the Seton Hall University School of Law, entitled "No Hearing Habeas: D.C. Circuit Restricts Mean...
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It’s nearly 5:00 pm when the court reconvenes, and everyone is exhausted. The day has been long and contentious, and we are not even 40 percent of the way through the questioning of the judge. Fortunatel...
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A gentle reminder - not that you really needed one, being a devoted Lawfare reader and all - Ben and I will be live-blogging tomorrow's much-anticipated arraignment in United States v. KSM et al. Accor...
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Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents' worth here.
Again, it is an...
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As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and...
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As I have noted previously, the Supreme Court’s March 5 order that the Kiobel case be re-briefed to address the extraterritorial application of the Alien Tort Statute has put the Obama Administration in ...
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Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of dete...
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Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I'll spare readers from a comprehens...
