Latest in Criminal Justice & Rule of Law
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Judge Edwards and "Functionally Useless" Habeas
This morning's D.C. Circuit decision in Ali v. Obama is not exactly a shocker, given the court's ever-solidifying body of jurisprudence on the scope of the government's power to detain non-citizen terror... -
N.S.A.: “Not (So) Secret Anymore”
The National Security Agency is down in the dumps. It’s used to being heralded for brilliance. -
Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases
From the defense's standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev ... -
Extraordinary U.S. Press Freedom to Report Classified Information
The Washington Post reported last week that the United States government had decided not to prosecute Julian Assange for his role in the massive release of classified State Department cables because “gov... -
Whither Hamidullah? Briefs on Bagram Habeas Petition Status Post-Repatriation
The briefing regarding the mootness of the habeas appeal of the now-former Bagram detainee, Hamidullah, is before the D.C. Circuit. Last week the U.S. government informed Hamidullah's attorneys that he h... -
Madison’s Vacillations—And Ours: Seeing a Founder, an Opposition Leader, a Muddle-Through Executive, and a Wartime President in Ourselves
Americans vacillate over national security and government power. We want an effective intelligence community, but we do not want too much surveillance or collection. We want to rein in the NSA, but we al... -
More Filings Re: Hunger-Striker’s Motion to Intervene in Aamer v. Obama
Three updates in Aamer v. Obama, the force-feeding case on appeal to the D.C. Circuit. On November 14, the government filed its opposition to Guantanamo detainee Imad Abdullah Hassan’s motion to interve... -
More on UN Detention Procedures for Military Operations
About a month ago, I asked what had happened to the UN’s effort to develop a set of standard operating procedures to govern detentions that arise during the course of UN operations. It appears that such... -
Clive Walker on "Deportation With Assurances: UK Experience and Angst"
Clive Walker of the University of Leeds writes in with the following update on national security law news from Britain: -
The November NSA Trove V: Congressional Stuff
Our little November NSA Trove-a-thon will shift gears now. -
Bagram Detainees Repatriated to Pakistan, Is Habeas Appeal Moot?
A few weeks ago, Bobby and John reacted to a Washington Post story reporting that seven hundred Afghan detainees at Bagram Air Force Base whom the US transferred to Afghan custody earlier -
This Evening's Vote on NDAA Amendments Regarding GTMO
This evening, the Senate voted on two GTMO-flavored amendments to the FY2014 National Defense Authorization Act. One amendment was put forth by Senators Carl Levin and John McCain, and would have (among...
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