Former U.S. District Judge James Robertson published this interesting letter to the editor in the Washington Post. Judge Robertson is, to my knowledge, the first member of either the district court or th...

As Ben mentioned yesterday, the D.C. Circuit’s new Uthman decision signaled a notable clarification in how lower courts should consider evidence in habeas cases: When considering whether a detainee is "p...

On Monday, counsel for the habeas petitioners Farhi Saeed Bin Mohammed and Omar Khadr replied to the government's oppositions to their cert. petitions. The Khadr reply is short, and the Mohammed reply e...

Peter Margulies of Roger Williams University School of Law offers the following brief comment on yesterday's D.C.

The recent decisions from the D.C. Circuit (the Mohammed dismissal and Uthman reversal), as well as some activity in the district court, meant an update to the habeas numbers was in order: -       Uighur...

The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teac...

Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas p...

Today the D.C. Circuit granted the government's motion to dismiss as moot Farhi Saeed Bin Mohammed's Guantanamo habeas merits appeal. The government had appealed Judge Gladys Kessler's grant of Mohammed...

The major significance of the FBI's Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in ...

Charlie Savage of the New York Times has posted the text of the FBI's new guidance on Miranda. I'll post thoughts after I've had a chance to digest it.

A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating. There is a tendency in this debate to conflate rules of evid...

Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni...