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Uthman's Reply Brief
Uthman Abdul Rahim Mohammed Uthman responds to the government's argument against his cert petition in his new reply brief, available here. It opens: The petition in this case presents in stark terms the ... -
White House Statement: No Veto on NDAA
The White House has issued the following statement announcing that--and why--it will not veto the NDAA: Statement from the Press Secretary on the NDAA Bill We have been clear that “any bill that chall... -
Adam Smith's "Dear Colleague" Letter on the NDAA's Detention Provisions
Here is a letter from Congressman Adam Smith (D-WA), the ranking member of the House Armed Services Committee, defending and clarifying the detention provisions in the NDAA and advocating for its passa... -
The New York Times Calls Lawfare "Invaluable"
At least, Adam Liptak does in a well-worth-reading column about Latif. Take that, editorial staff! On a more serious note, here's the money quote: Latif is the next great Guantánamo case--whether the Su... -
UK Court Permits Habeas for US-Held Detainee in Afghanistan (Sort of)
An interesting Afghanistan habeas decision today, from the UK: Yunus Ramhmatullah v. Secretary of State for Foreign and Commonwealth Affairs et ano. (Court of Appeals (Civil Division)). In an opinion b... -
The Problematic NDAA: On Clear Statements and Non-Battlefield Detention
For reasons I plan to elaborate upon in this and subsequent posts, I'm not at all convinced that the conference version of the NDAA is substantially better than the House or Senate version (or that eithe... -
The Conference Version of the NDAA: Mandatory Military Detention Is Not Very Mandatory
Section 1022 of the Conference version of the NDAA carries forward section 1032 of the Senate version, which has been widely described as a mandatory military detention provision for a subset of detainab... -
Is the Conference Report Veto Worthy?
I am still digesting the new NDAA language, and I'm not yet ready to say how come out on it. It is, without question, significantly better than either the House or Senate bills. Yet some of its provision... -
NDAA Conference Report--A Quick and Dirty Analysis
The conference report for the NDAA is now available. Subtitle D, entitled "Counterterrorism," begins on page 653 and runs through page 685. The conferees' explanation of their choices begins on page 158 ... -
Canada Will Resume Transferring Detainees in Afghanistan to US Custody
Canadian forces may be largely on their way out of Afghanistan, but for a Kabul-based contingent focused on training Afghans, but the prospect that they might nonetheless in the position of capturing a p... -
Me on the D.C. Circuit's Post-<i>Boumediene</i> Jurisprudence
Whatever else one might say about the D.C. Circuit's jurisprudence in the Guantanamo litigation, it's certainly been a jobs program... -
Scott Shane on Domestic Law Enforcement, Prisons, and Counterterrorism
The New York Times's Scott Shane this morning has a very beautifully reported feature story about domestic prisons, law enforcement, and terrorism cases. It is a rich read, including some fascinating cor...
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