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Arrest in an Alleged Iranian Plot to Kill the Saudi Ambassador to the United States
This is a pretty remarkable development. Authorities have arrested a dual US-Iranian citizen on charges that he conspired with a senior official of Iran's Qods Force (of the Iranian Islamic Revolutionar... -
U.N. Report on Treatment of Detainees in Afghan Custody
The United Nations Assistance Mission in Afghanistan has released its report on the treatment of detainees in the custody of the Afghan government. Here is the executive summary: From October 2010 to Au... -
DOD/GC Jeh Johnson to address the question, “Is More Detainee Legislation Needed?”
Next Tuesday, October 18, at The Heritage Foundation: [T]he House and Senate have proposed additional detainee-related legislation in the National Defense Authorization Act (NDAA) of 2012. Both have pro... -
How Government Silence Undermines Terrorism Policies: Part One
I want to put discussion of whether the government should publicly disclose the full legal framework behind its targeted killings program, including the killing of Al-Aulaqi, an American citizen, in a la... -
Philip Bobbitt on Leaks and Legal Rationales
Columbia law professor Philip Bobbitt, author of Terror and Consent: The Wars for the Twenty-First Century, writes in with the following comments in response to my comments on the Charlie Savage story: ... -
Kenneth Anderson on Charlie Savage's Story and Secrecy
I was planning to write a piece this morning pointing out that Charlie Savage's story--to which I linked last night and which describes in some detail the legal rationale in the OLC opinion authorizing t... -
FOIA and the Question of Secret Law
Charlie Savage of the New York Times has filed this FOIA suit in an effort to acquire a classified report issued by DOJ and ODNI to Congress "pertaining to intelligence collection authorities" under sect... -
Al-Zahrani Oral Argument Mini-Summary
I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil... -
Government Argues Against the “Everyone Does It” Defense in Sterling Leak Prosecution
Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or... -
D.C. Circuit Argument in al-Zahrani
The D.C. Circuit Court of Appeals will hear oral arguments on Thursday in the case of Al-Zahrani v. Rodriguez, which--believe it or not--is not a Guantanamo habeas case. -
New Developments on the NDAA's Detention Provisions
Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed. As you may... -
al-Nashiri Arraignment Order
The arraignment order by Military Judge James L. Pohl in the case USA v. al-Nashiri is now available here, and here is the substance of it: 1. As the Chief Judge of the Military Commissions Trial Judicia...
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