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Emergency Motion Denied in Hedges
According to a notation on the Supreme Court's docke -
D.C. Circuit Opinion in <i>Khairkhwa</i> Comes Down
The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick G... -
El-Masri Awarded Damages by ECHR
The European Court of Human Rights ("ECHR") today held that Macedonia had violated the rights of Khaled El-Masri. In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspe... -
Hedges Plaintiffs Ask SCOTUS to Vacate CA2 Stay
Yesterday, plaintiffs in Hedges v. -
Al Maqaleh Headed for the D.C. Circuit
Looks like the D.C. Circuit is going to get another crack at Bagram jurisdiction. Maqaleh II, decided by the district court in mid-October, is headed up. Good luck with that! -
Closing the MOU Loop: My PENNumbra Response to Andrew Kent on Why <em>Boumediene</em> "Rights" Don't "Expire"
Back in early November, Ben and I blogged about Fordham Professor Andrew Kent's provocative new essay, "Do Boumediene Rights Expire?," which he published in "PENNumbra," the online companion to the Unive... -
Appellees' Brief Filed in Hedges
To the day's tally of important national security law filings, add this: the appellees' brief in Hedges v. Obama. The below comes from the brief's argument section: Comparing the text of the two enact... -
CRS Report on “Detention of U.S. Persons as Enemy Belligerents”
The Congressional Research Service published on December 4 a report entitled “Detention of U.S. Persons as Enemy Belligerents,” which the Federation of American Scientists has posted. Its summary reads: ... -
Improved Prospects for a US-Afghan Security Agreement...But at What Cost?
A few weeks ago, I noted a post by Chris Jenks arguing that negotiations for a US-Afghanistan security agreement might come to grief over the issue of criminal jurisdiction over U.S. -
Jonathan Hafetz Replies re: Non-Citizens and the New Feinstein Amendment
Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w... -
New AUMF for Africa?
Just after the election, I wrote: As we have often discussed on this blog, and as Bobby has best documented, terrorist organizations that threaten the United States are increasingly difficult to fit und... -
Government's Reply Brief in Rimi
The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v.
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