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NPR had a story today concerning the process of selecting between civilian and military commission prosecution options. It's an important topic. Unfortunately, the story included the following mistaken...
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Brian Jenkins of RAND sharply criticizes the NDAA's detention provisions in this short piece at Foreign Affairs.
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The US government is considering transferring a group of five Taliban detainees from GTMO to Qatar (to be held there by Qatari authorities) in furtherance of peace negotiations in relation to Afghanistan...
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The government has filed its opposition to cert in the case of Al Madhwani v. Obama--a Guantanamo habeas case. Al Madhwani's cert petition seeks review of this DC Circuit opinion affirming his detention.
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As Ben pointed out yesterday, the Washington Post report about the possibility that non-Afghan detainees held at Parwan will be repatriated to their home countries is significant news. Apart from its imp...
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Oh boy. Former CIA officer John Kiriakou has been arrested and charged with leaking classified to a journalist concerning interrogation at GTMO, including the identity of persons involved in interrogati...
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Peter Margulies's reporting on AALS panels continues with this dispatch:
Libya and Presidential Power
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Peter Margulies of Roger Williams University School of Law has sent in two accounts of panel discussions at the annual meeting of the American Association of Law Schools. Here is the first:
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Last week Charlie Savage had an interesting follow-up to his well-known 2007 questions to the presidential candidates about their views on executive power. The most important line in Savage’s story is t...
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In my haste to survey the NSL-related panels at this week's AALS Annual Meeting, I missed one of the "Hot Topics" sessions--a plenary discussion of "Political Crises and Constitutionalism: War," with a s...
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Last year, at this time, I wrote a hot-headed little post objecting the signing statement President Obama issued in connection with last year's defense authorization act. This year's signing statement, w...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dram...
