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Government Files Brief Opposing Permanent Injunction in Hedges
The government has filed its brief in opposition to the plantiffs' motion for a permanent injunction--and seeking dismissal of the case. -
The Fundamental Transformation in the Law, Morality and Politics of War: Individuating The Responsibility of “Enemies”
I will soon be posting on SSRN, with my co-author Sam Issacharoff, a draft academic article that offers a broad, integrated conceptual and legal framework for understanding specific counterterrorism lega... -
My Thoughts on Al-Aulaqi and the Inversion of Bivens
Over at the ACSblog, I have a guest post up on Al-Aulaqi v. Panetta and Ben's suspicion that the lawsuit will go the way of Arar, Lebron, Doe, and Rasul--with courts holding that there should be no Biven... -
Michael Chertoff on Google's Safari Hack
Former Secretary of DHS, Michael Chertoff has this op-ed in the Wall Street Journal today, concerning Google's subversion of Safari's security settings. Here's the introduction: In the cyber age, privac... -
Kadi Voluntarily Dismisses Sanctions Appeal
So we learn from this filing, posted over at the Blog of the Legal Times. The Treasury Department had found the plaintiff, a Saudi businessman, to be a "specially designated global terrorist." On the b... -
Motions Hearing Today in U.S. v. Kiriakou
This morning, U.S. -
Analysis of U.S. v. Ali: A Flawed Majority, Conflicting Concurrences, and the Future of Military Jurisdiction
As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over... -
Consolidated Reply and Motions Hearing in USA v. Kiriakou
Last week, security officials unsealed John Kiriakou's consolidated reply - in which the defendant takes on the government's opposition to his motion for a bill of particulars, and his motion to dismiss ... -
New York Times: Senior U.S. Official Confirms Israel's Assertion that Hezbollah Was Behind Bulgaria Bombing
The New York Times has just published a story in which it quotes an unnamed "senior American official" who confirms Israel's assertions that the Bulgaria bombing was carried out by a Hezbollah cell opera... -
Conflicting Reports on Whether Bulgarian Suicide Bomber Was Former Guantanamo Detainee Mehdi Ghezali
Earlier today, numerous Israeli English-language media outlets (Times of Israel, Haaretz) picked up Bulgarian news stories that identified the Bulgarian suicide bomber as Mehdi Ghezali, a 33-year old Swe... -
Remarks by Mark Martins on Day #3 of the Al-Nashiri Motions Hearing
The Chief Prosecutor's full statement follows below: CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 19 JULY 2012 -
A Request for Translation
We turn to the day’s final motion, AE97, regarding the defense’s request to compel the timely translation of documents into Arabic for Al-Nashiri. The motion is brand-spanking new; the defense filed it ...
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