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Today in Hatim v. Obama, the Guantanamo habeas merits case briefed and argued this past November, the D.C.
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All eyes are on Egypt for the moment, and for good reason. But let's not neglect the news out of Yemen, especially in light of its potential ramifications for future U.S.
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. . . I actually agree with this one this morning, arguing that the separation of the investigative functions of the Justice Department's inspector general and its Office of Professional Responsibility i...
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Lawfare readers who have followed my mini-crusade (here, here, and here, for example) to get the New York Times to stop willfully misrepresenting the legality of military detention in its editorials will...
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The respondent's merits brief recently became available in Ashcroft v. Al-Kidd, the case challenging whether John Ashcroft can be sued in his personal capacity for misuse of the material witness statute ...
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A court in Milan has convicted and sentenced to six years in prison a former Guantanamo detainee originally from Tunisia, the Associated Press reports. It's another case that seems to me to beg the quest...
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We just caught wind of this new CRS report on Guantanamo-related legislative actions (both enacted and proposed as of December 9th, 2010), written by Michael John Garcia. A very good survey for those in...
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Briefing on certiorari is now complete in Al Odah v. United States.
In his cert. petition, Fawzi Khalid Abdullah Fahad Al Odah urged the Supreme Court to review the D.C. Circuit's ruling that the prepo...
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Shelley had, of course, more to say about the situation in Egypt today. Most famously, he wrote the following sonnet in praise of Hosni Mubarak:
Ozymandias
I met a traveller from an antique land
Who sai...
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Over at Opinio Juris, Kevin Jon Heller has posted some thoughts on the two questions that will be addressed at oral argument by the CMCR's en banc proceeding in al-Bahlul. His discussion of Numemberg i...
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Many thanks to Kenneth Anderson for this kind and thoughtful write-up of Detention and Denial over at the Volokh Conspiracy.
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We have new briefs in two Guantanamo habeas appeals--Al Madhwani v. Obama and Al Abdah v. Obama (Al Latif).
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Think about how few words you would have to change in this astonishing sonnet by Shelley before it would perfectly describe Egypt today.
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Steve Vladeck just sent in the following thoughts in response to my suggestion that habeas is not quite a right without a remedy:
Without getting too deeply into the back-and-forth between you, David, an...
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The responses to my "Embrace Guantanamo" post from Sabin Willett, David Remes, and Gabor Rona have a common argumentative thread that strikes me as warranting a response.
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I'm delighted that my little post from the other day is eliciting such thoughtful and interesting reaction.
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Habeas lawyer David Remes sent me yesterday the following comments on my earlier post suggesting that it's time for President Obama to embrace Guantanamo. I want to draw attention very briefly to two asp...
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"And because the American people deserve to know that special interests aren't larding up legislation with pet projects, both parties in Congress should know this," President Obama said last night in his...
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Over at the Huffington Post and again at Human Rights First's blog, Raha Wala (Law and Security Fellow, Georgetown) argues that I am arm-in-arm with Marc Thiessen and Andy McCarthy in "declaring victory"...
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This morning the CMCR issued an order calling for fresh briefing and argument in the al-Bahlul appeal, but not in Hamdan (or so I'm told; we'll see, I guess). Here is the text of the order:
Upon conside...