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Detention in Afghanistan: The End Draws Closer
The meeting between Presidents Obama and Karzai today appears to have produced an agreement that will revive the process of shutting down U.S. detention operations in Afghanistan. As reported in the Wal... -
Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions
As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important r... -
The Merits of DOJ's Supplemental Brief in <em>Al Bahlul</em>
Yesterday, we posted the government's supplemental brief in the Al Bahlul military commission appeal in the D.C. -
On Secrecy in Habeas Cases: Opinion in Morafa
So begins this interesting opinion from the United States District Court for the District of Columbia, in a habeas case brought by Guantanamo detainee Mohammed Morafa: On a petition for a writ for habeas... -
The Government's Supplemental Brief in Al-Bahlul
...is available here. In a nutshell: Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicita... -
More from Senate Amici on Oral Argument in Hedges
From the Hedges files: attorneys for Senators McCain, Ayotte, and Graham yesterday submitted this reply brief in support of their motion to participate in oral argument before the Second Circuit. (The H... -
On the Availability of Material Support and Conspiracy Charges in Civilian Court for pre-2006 Conduct
In response to Charlie Savage's piece today concerning an interagency debate over whether to continue to argue for the viability of conspiracy and material support charges in the military commission syst... -
The 2013 NDAA Signing Statement: No Better Than the 2012 Version
As Ben noted the other day, the Obama administration issued a signing statement on the new NDAA arguing that its Guantánamo detainee-transfer restrictions are unconstitutional as a violation of the separ... -
Readings: Andrew Kent on Ex Parte Quirin
Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, "Judicial Review for Enemy Fighters: The Court's Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case." (66 Vanderbilt L... -
How to Handle a Citizen Terrorist? We Have an App for That
Ever caught a U.S. citizen you suspected of terrorism, and not known what to do with him? We have an app for you. -
Anyone Want A Bridge In Brooklyn? Cheap?
If you do, perhaps you might also be willing to buy a cyber certificate from TURKTRUST.INC. TURKTRUST is a certificate authority. That means that it is authorized to issue certificates which tell you t... -
President Obama Signs the NDAA 2013
Told you so. President Obama has signed this year's NDAA--along with a meek kind of signing (whining?) statement. Here is the statement's discussion of the detention-related provisions--an account of whi...
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