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Two Amicus Filings in Al-Nashiri v. MacDonald
Two more amicus briefs were filed, today and yesterday, respectively, in the case of Al-Nashiri v. MacDonald. -
France to Criminalize the Receipt of Terrorism-Related Training Overseas, Following the US Model?
The Wall Street Journal reports (paywall, sorry) that France is considering a slate of new antiterrorism laws, including at least one prevention-oriented measure that appears to track 18 U.S.C. -
Stewart Baker on the Poor Cybersecurity of Hackers
Don't miss this excellent piece, over at the Volokh Conspiracy, by Stewart Baker about the opportunity created by the poor cybersecurity habits of hackers. -
D.C. Circuit Releases Unredacted <em>Ameziane</em> Opinion
This slipped by me on Friday, when I was in Cambridge plotting the next phase of Lawfare's expansion. The D.C. Circuit has issued an unredacted opinion in this case, Ameziane v. Obama, which actually cam... -
Sure, We'll Clear the Courtroom: Closed Session in Khairkhwa
Yesterday, we promised to be in attendance during today's argument session in Khairkhwa v. Obama And this morning, yours truly sat through two standard-issue D.C. -
Khairkhwa Oral Argument in DC Circuit Tomorrow
A reminder that tomorrow morning will see argument before the D.C. Circuit in the case of Khairkhwa v. Obama. In short, the case concerns a Taliban functionary who claims to have played a civilian---not... -
Cert Denied in Suleiman
Earlier this week, the Supreme Court decided not to review the case of Suleiman v. Obama. No surprise there; the justices hardly seem to wish to wade into detention issues these days. -
If Bin Laden Had Survived, President Obama Would Have Tried Him in a Federal Court
So we learn from ABC's Jake Tapper, who in turn quotes from Mark Bowden's forthcoming book, "The Finish," about the bin Laden raid: If Osama bin Laden had surrendered to the Navy SEALs, President Obama w... -
Devastating Senate Committee Report on Fusion Centers
A few weeks ago I posed the following questions in relation to the Constitution Project's report on state and major urban area intelligence Fusion Centers, which DHS set up and funded after 9/11: One rea... -
Whither <em>Hamdan</em>?
Today marks the five-month anniversary of the oral arguments before the D.C. Circuit in United States v. -
District Court Grants Partial Summary Judgment to Plaintiff in Al-Kidd
This is a big deal. The district court (in the person of Judge Edward Lodge of the District of Idaho) has entered partial summary judgment for the plaintiffs in Al-Kidd v. -
Second Circuit Stays <em>Hedges</em> Decision
The Second Circuit Court of Appeals has has just stayed Judge Katherine Forrest's decision in Hedges: For the following reasons, we conclude that the public interest weighs in favor of granting the gover...
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