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This morning's opinion in Kiobel v. Royal Dutch Petroleum concludes that the presumption against extraterritoriality applies to claims brought under the Alien Tort Statute ("ATS"), and that nothing in th...
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That's the gist of this report, filed earlier today by Politico's Josh Gerstein:
A federal judge declined Monday to take action on behalf of a hunger-striking prisoner at Guantanamo Bay whose attorneys s...
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Now available in redacted form: the government's opposition brief and the defendant's reply in United States v. Ghailani, a criminal case arising from the 1998 bombing of U.S. embassies in Kenya and Tanz...
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Just a few days ago, the counsel for military commission defendant Abd al Rahim Hussayn Muhammad al Nashiri filed a motion for a continuance, requesting that the four days of hearings slated for next wee...
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Yesterday, pursuant to Judge Thomas Hogan's recent order, lawyers for habeas petitioner Musa'ab Omar al-Madhwani filed a brief addressing the district court's jurisdiction to hear al-Madhwani's emergency...
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Earlier today, in Anam et. al. v.
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Peter Margulies of Roger Williams School of Law writes in with the following thoughts on the First Circuit briefing in the Tarek Mehanna appeal:
The federal material support statute forces courts and jur...
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Brian Foster of Covington & Burling, responds to my comments on his earlier guest post as follows:
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Peter Margulies recently discussed the effect of the Supreme Court's recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA's warrantless wiretapping p...
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As the recent decisions by the Court of Military Commission Review (CMCR) in the Guantánamo military commission ACLU/media access cases suggests, there are a host of complicated and heretofore unresolved...
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Jess Bravin of the Wall Street Journal, the author of the recent book, The Terror Courts: Rough Justice at Guantanamo Bay, has posted the following statement on the Facebook page associated with his new ...
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Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman---and the case of his former client, A...