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I'm sure many of you have become addicted to the TV show, Homeland. Personally, I find it a bit of a bus man's holiday and rather unrealistic in its characterizations.
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About six weeks ago, I flagged the (in my view, alarming) filing by the government of a notice of appeal to the D.C. Circuit in the Guantanamo MOU/continuing access-to-counsel litigation.
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According to a notation on the Supreme Court's docke
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The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick G...
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The European Court of Human Rights ("ECHR") today held that Macedonia had violated the rights of Khaled El-Masri. In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspe...
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Looks like the D.C. Circuit is going to get another crack at Bagram jurisdiction. Maqaleh II, decided by the district court in mid-October, is headed up. Good luck with that!
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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...
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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...
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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:
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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.
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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...
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The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v.
