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Section 702-Based Relief Denied in United States v. Mohamud
Mohamed Osman Mohamud, a Somali-born American citizen, was convicted in January of last year of attempting to detonate a weapon of mass destruction after he tried to set off what he thought was a car bo... -
A Failure of Protocol
The Supreme Court’s decision requiring a warrant for searches of cell phones incident to arrest affirms that we are entitled to privacy in the digital age. These expectations, the Chief Justice explains... -
Guest Post from Jeff Kahn on Latif v. Holder (Striking Down the No-Fly List)
Professor Jeff Kahn (SMU Law, also visiting at W&L Law) writes in with the following guest post on yesterday's no-fly list decision. Be sure to check out Jeff's terrific book on the right to travel and ... -
An Editor's Note
Earlier this morning, we featured a post regarding key developments in the Mohamud criminal case in Oregon. -
A Clue About the Origins of "Imminence" in the OLC Memo?
There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence." (There's also excellent analysis over at Just Se... -
Two Quite Important Rulings Today
Coincidentally, they come to us from two different federal judges in the District of Oregon. The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due... -
A Few Additional Thoughts on <em>Daoud</em>
I largely agree with Steve Vladeck's excellent post on Judge Richard Posner's decision yesterday in Daoud and Judge Ilana Rovner's concurrence in that decision. -
Judge Posner v. Judge Rovner: On <em>Daoud</em>, FISA, and <em>Franks</em>
Paul already flagged yesterday’s Seventh Circuit decision in Daoud, in which the Court of Appeals reversed Judge Coleman’s headline-grabbing order—which had required the government to provide Daoud’s sec... -
7th Circuit Rejects Foreign Surveillance Disclosure Order
The case is US v. Daoud. The district court had ordered disclosure of certain FISA materials that were classified to defense counsel. The 7th Circuit, per Judge Posner, reversed. The money quote: The ... -
Carrie Cordero's Contribution to Cato Unbound Snowden Discussion
The other day, I linked to the first two contributions to Cato Unbound's forum, “The Snowden Files: One Year Later.” Now Carrie Cordero has added an essay, which opens: There is no -
Cato Unbound Exchange on "The Snowden Files: One Year Later"
The Cato Institute is hosting an online exchange entitled "The Snowden Files: One Year Later." The lead essay, by Cato's Julian Sanchez, opens as follows: America’s first real debate about the 21st cent... -
Why Does the Omniscient Panopticon Tolerate Glenn Greenwald?
If you believe Glenn Greenwald's new book (which I reviewed here), the NSA's appetite for gobbling up communications is unlimited. Legal controls on its behavior are trivial. Its much-repeated claim that...
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