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Once More, With Feeling: The FY2013 NDAA and Domestic Detention
I have thus far stayed fairly mum on the FY2013 National Defense Authorization Act, if for no other reason than the 150 exams (now 80) that I have to grade. -
National Security @ This Week's Supreme Court Conference
As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court's nine Justices are set to review at their Conference this Friday. I just thought I'd f... -
A Bad Argument Against Rep. Smith's Amendment to the NDAA
As Bobby noted previously, Rep. Adam Smith and others are proposing amendments to this year's NDAA that would make certain changes to the detention-related provisions implemented by last year's NDAA. Am... -
Al Shabaab Commander Turned Cooperating Witness?
An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed--a case that receives little attention, b... -
Afghanistan's Proposed Detention Regime
Writing at Foreign Policy, Chris Rogers of Open Society Foundations criticizes Afghanistan's plans for a non-criminal detention system (something occurring as part of the process of the U.S. turnover of ... -
CRS Report Comparing Rights in Military Commissions and Federal Courts
Just in from the Congressional Research Service, this report compares the rights of defendants tried in military commissions to those tried in federal criminal court. Presumably because of the commenceme... -
Dusting Off the U.S.-Iraq Extradition Treaty?
Bobby joined Charlie Savage and Jack Healy in querying here whether the U.S. Government might consider asking the Iraqis to extradite Lebanese national Ali Musa Daqduq to the United States. -
Judge Wilkinson and the Irony of "Judicial Restraint" in <i>Al-Shimari</i>
Whatever else one might say about Fourth Circuit Judge J. Harvie Wilkinson III, I think it's safe to describe him as one of the leading contemporary advocates of judicial restraint on the federal appella... -
D.C. Circuit Affirms in EPIC v. NSA
A three-judge panel of the D.C. Circuit Court of Appeals has affirmed a District Court judgment in favor of the National Security Agency in a case brought by the Electronic Privacy Information Center und... -
En Banc Fourth Circuit Dismisses Contractors' Appeals in Abu Ghraib Torture Suit
I've blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military... -
NDAA Moves Forward, "Due Process and Military Detention Amendments Act" Coming Soon
A quick note updating readers on the progress of the draft NDAA FY'13: Chairman McKeon's bill passed HASC last night in the wee hours. Next stop: the floor, where we are likely to see, among other thin... -
Comments on the New Seton Hall Report
I have now read the new Seton Hall report to which I linked earlier and I have to say: I am perplexed. The report's thesis, in a nutshell, seems to boil down to two propositions: that the D.C. Circuit's...
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