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Does Judicial Review of National-Security Policies Constrain or Enable the Government?
With the current controversies over the NSA's surveillance programs, I want to return to broader issues about how to think about the role of courts in the national-security area. In this area, governme... -
The Lingering Problem of the Lingering Detainee Population Under US Control in Afghanistan
An article in the Washington Post today draws attention, once more (see here, for example), to the lingering question of what will become of the lingering population of detainees (all non-Afghans) remain... -
Bruce Ackerman on Congressional Publication of Classified Information and the Speech and Debate Clause
Bruce Ackerman has a piece in the FP arguing that Senator Wyden, who has been disappointed in the quantity and quality of Executive branch disclosures related to surveillance, should “let Americans know ... -
James Risen Petitions For Rehearing En Banc, Media File Amicus Brief in the Fourth Circuit
Here's the New York Times reporter's petition for rehearing en banc in the case of United States v. Sterling. It was filed yesterday. Readers will recall that last month a three-judge panel of the Fou... -
Two Things I Don’t Understand
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Oral Argument in GTMO Hunger Strike Case Scheduled in D.C. Circuit
The D.C. Circuit today scheduled oral argument in Aamer v. Obama, a Guantanamo hunger strike case. (The court recently refused to the petitioners' request for an emergency injunction against forced-feed... -
FISC Order Authorizing the Collection of Telephone Metadata & Reports to Congress on Bulk Collection Program
Here's the "Primary Collection Order" authorizing the collection of telephone metadata, signed by FISC Judge Roger Vinson (signed April 25 and expiring on July 19th, 2013), declassified. Also declassifi... -
Today's Senate Judiciary Hearing on the FISA Surveillance Programs
A big hearing is taking place this morning at 9am before the Senate Judiciary Committee. Media report that the Verizon order will be declassified at this hearing. Catch it live at the -
"We Steal Secrets"
In light of yesterday's events in the Bradley Manning case, I really want to see this fascinating-looking documentary: -
A Quick Primer on Military Justice and The Manning Verdict
After hearing evidence in a contested bench trial, Army Colonel Denise Lind, a military trial judge, found Pfc. -
My Last Word on the New <em>Bahlul</em> Amicus
Thanks to his "sur-reply", I finally understand the premise of Peter Margulies’s argument—and his amicus brief—in al Bahlul with regard to why the en banc D.C. Circuit can affirm Bahlul’s conspiracy conv... -
Bradley Manning Verdict
From The Guardian's live blog: Manning has been found not guilty of the most serious charge of "aiding the enemy". However the private has been found guilty on five counts of violating the espionage act....
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