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D.C. Circuit Affirms Habeas Denial in Ali v. Obama
As Steve already noted, the D.C. Circuit has affirmed the district court's denial of a writ of habeas corpus to Guantanamo detainee Abdul Razak Ali. We covered the oral argument this fall, in preview and... -
Judge Edwards and "Functionally Useless" Habeas
This morning's D.C. Circuit decision in Ali v. Obama is not exactly a shocker, given the court's ever-solidifying body of jurisprudence on the scope of the government's power to detain non-citizen terror... -
N.S.A.: “Not (So) Secret Anymore”
The National Security Agency is down in the dumps. It’s used to being heralded for brilliance. -
Another 2014 NDAA "Ornament": FISA Disclosures
As we've noted, amendments spanning several issues, including cybersecurity, and anti-terrorism laws, have been put forth as add-ons to the 2014 National Defense Authorization Act. -
Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases
From the defense's standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev ... -
Extraordinary U.S. Press Freedom to Report Classified Information
The Washington Post reported last week that the United States government had decided not to prosecute Julian Assange for his role in the massive release of classified State Department cables because “gov... -
NDAA Amendment Could Make Anti-Terrorism Act a New Alien Tort Statute
When the Senate returns on December 9 to take up the National Defense Authorization Act, one of the more than 500 amendments Senators will consider is a provision that would amend the Anti-Terrorism Act ... -
The November NSA Trove VII: The 2011 U.S. SIGINT Directive
The November NSA cache declassified by Director of National Intelligence James R. Clapper last week includes two United States Signals Intelligence Directive (USSID) documents. The more important of the ... -
Oral Argument Recap: Friday's Argument in ACLU v. Clapper
This past Friday, District Court Judge William H. Pauley III, of the Southern District of New York, heard oral argument in the American Civil Liberties Union’s ("ACLU") challenge to the government’s bulk... -
The November NSA Trove VI: More Congressional Stuff
The next items in our November NSA Trove, like those summarized in a prior post, focus on congressional oversight. -
The November NSA Trove V: Congressional Stuff
Our little November NSA Trove-a-thon will shift gears now. -
An Undertheorized Retrenchment
Back in September, I wrote the following: Imagine you were a high-level decision-maker in a clandestine intelligence agency. Imagine that you had played by the rules Congress had laid out for you, worked...
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