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Abdullah to DCCA: Make the District Court Decide My Motion, Please
Lawyers for Hani Saleh Rashid Abdullah, a Yemeni detained at Guantanamo, yesterday petitioned the D.C. Circuit for a writ of mandamus. -
Daskal and Vladeck Working Paper on "After the AUMF"
In advance of Thursday's Senate Armed Services Committee hearing on the 2001 Authorization for the Use of Military Force (AUMF), Jen Daskal and I have expanded upon our exchanges with Bobby, Jack, Matt, ... -
AP: DOJ Secretly Obtained AP Reporters' Phone Call Records
So we learn from this Associated Press story. It hints that the records' acquisition may stem from a DOJ inquiry into the disclosure, last year, of classified material to the AP---regarding the CIA's di... -
Cert. Denied in <em>Ali</em> Court-Martial Case
Not for the first time, and certainly not for the last, it appears that the Supreme Court disagrees with me--and doesn't think the constitutionality of courts-martial for civilian contractors is worth it... -
Eric Holder Comments on Civilian Justice System
Attorney General Eric Holder yesterday made these remarks at the University of California Berkeley School of Law's Commencement. -
Boston & Local Police Intelligence: an FBI Statement and a Response from Faiza Patel
Earlier today I posted a commentary on "Boston Bombings: Local Police and Counterterrorism Intelligence," based on reported claims that the FBI failed to pass on important threat information to the Bosto... -
Boston Bombings: Local Police and Counterterrorism Intelligence
The New York Times had a story yesterday headlined “F.B.I. Didn’t Tell Boston Police of Warning on Brother”: Police Commissioner Edward Davis said that though some of his officers worked with the F.B.I. ... -
New America Says Guantanamo Recidivism Rate Isn't as High as Intelligence Community Claims
The New America Foundation has released a fact sheet listing the identities of Guantanamo Bay detainees who are "confirmed to be or suspected of engaging in militant activities against either U.S. or non... -
Harold Koh on What Would Al Gore Do?
From Harold Koh’s speech to the Oxford Union the other day: Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sa... -
Harold Koh Identifies Another Big Difference Between the Bush and Obama Administrations
From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl... -
Important New Oversight Legislation for Military Kill/Capture Outside Afghanistan
Big news out of the House Armed Services Committee: Representative Mac Thornberry (a graduate of the University of Texas School of Law, I proudly note) is going to introduce a bill enhancing oversight of... -
Ghailani Appeal and Debates About Terrorism Prosecutions
Amid the debate about how legally to handle the Boston Marathon bomber and the President's recent remarks about closing Guantanamo, Ahmed Ghailani's appeal was argued today in the Second Circuit. As the...
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