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Cert. Granted in <i>Clapper v. Amnesty International</i>
Ben noted the non-action on the cert. petitions in the Guantanamo cases (which probably means either that the Justices aren't sure what to do, or that someone is publishing a dissent from the decision to... -
(Timely) Symposium on Contractor Accountability Over @ Opinio Juris
Our friends over at Opinio Juris are hosting a neat online symposium discussion of Professor Laura Dickinson's book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Af... -
Why Hedges v. Obama is Terribly Perplexing
I've now had more of a chance to read through Judge Forrest's decision Wednesday in Hedges v. Obama, which (seems to) enter a preliminary injunction against some or all of section 1021 of the FY2012 Nati... -
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... -
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... -
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... -
Update on the "Military Activities in Cyberspace" Provision in the HASC NDAA Bill
[UPDATE: If one looks at the draft NDAA provisions approved by the HASC Emerging Threats Subcomittee (Chairman Mac Thornberry, Hook 'Em), there is at section 942 a provision calling for quarterly reporti... -
David Cole on the 9th Circuit's Yoo Decision
Georgetown University law professor David Cole has this piece in the New York Review of Books blog. Cole argues: In closing off yet another avenue of accountability for the wrongs US officials intentiona... -
Significant Cyber Attacks on Federal Systems -- 2004-present
I received the list below (of "Significant Cyber Attacks" on Federal systems since 2004) from sources on Capitol Hill last week. After reading through it and checking the data, it seemed worth making th... -
Opinion Denying Motion to Suppress Post-Capture Statements in NYC Subway Plot Case
As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and...
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