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Closing the MOU Loop: My PENNumbra Response to Andrew Kent on Why <em>Boumediene</em> "Rights" Don't "Expire"
Back in early November, Ben and I blogged about Fordham Professor Andrew Kent's provocative new essay, "Do Boumediene Rights Expire?," which he published in "PENNumbra," the online companion to the Unive... -
Appellees' Brief Filed in Hedges
To the day's tally of important national security law filings, add this: the appellees' brief in Hedges v. Obama. The below comes from the brief's argument section: Comparing the text of the two enact... -
CRS Report on “Detention of U.S. Persons as Enemy Belligerents”
The Congressional Research Service published on December 4 a report entitled “Detention of U.S. Persons as Enemy Belligerents,” which the Federation of American Scientists has posted. Its summary reads: ... -
Improved Prospects for a US-Afghan Security Agreement...But at What Cost?
A few weeks ago, I noted a post by Chris Jenks arguing that negotiations for a US-Afghanistan security agreement might come to grief over the issue of criminal jurisdiction over U.S. -
Jonathan Hafetz Replies re: Non-Citizens and the New Feinstein Amendment
Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w... -
Government's Reply Brief in Rimi
The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v. -
Military Detention of Non-Citizens and the Not-So-Negative Implications of the New Feinstein Amendment
As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule f... -
Two Developments in Hedges
First up: on Monday the Hedges plaintiffs, with the United States' consent, sought additional time with which to file their response brief. (From the docket, it seems the plaintiffs actually had request... -
Senate NDAA Amendments Update
As readers know, last Thursday the Senate approved Senator Feinstein’s amendment to the NDAA, regarding the domestic detention of citizens and lawful permanent residents. That wasn’t all. -
Domestic Military Detention After the (New) Feinstein Amendment
Wells is exactly right--and Senators Levin and Graham are exactly wrong--about the implications of last night's Senate vote approving Senator Feinstein's amendment to the FY2013 National Defense Authoriz... -
Can Congress be Express Without Being Explicit? Senate Debate on the NDAA's Domestic Detention Provision
[Updated 3:08 p.m] Last night, the Senate approved Senator Dianne Feinstein's amendment (No. -
D.C. Circuit News: Chief Judge Sentelle Taking Senior Status
Courtesy of Todd Ruger from the National Law Journal, it appears that D.C. Circuit Chief Judge David Sentelle will be taking senior status as of February 12, 2013. That will reduce to seven the total num...
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