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Tsarnaev Has Been Mirandized by the Court: What Is the Next Interrogation Issue?
The Miranda issue is over. As Wells noted earlier, Tsarnaev made his initial appearance before a magistrate judge, at the hospital, and at that time the judge informed Tsarnaev of his right to remain si... -
Now Available: Charges Against Dzhokhar Tsarnaev
The freshly unsealed criminal complaint was filed sometime yesterday. -
A Preview of Likely Terrorism-Related Charges Against Tsarnaev
There will be no shortage of charges in the indictment that will issue against Tsarnaev shortly. Many if not most will be ordinary violent-crime charges rather than terrorism-specific ones--though they'... -
Federal Public Defender to Represent Boston Marathon Suspect Dzhokhar Tsarnaev
The Federal Public Defender Office for the Districts of Massachusetts, New Hampshire, and Rhode Island has said it expects to represent Boston Marathon bombing suspect Dzhokhar Tsarnaev, according to Mir... -
Interrogating Tsarnaev: No Need for Military Detention Here
Unless there is good reason to believe that the Tsarnaev brothers were acting as agents of al Qaeda or some other AUMF-covered group, talk of putting Dzhokar Tsarnaev into military custody as an enemy co... -
Breaking: SCOTUS Decides Kiobel, Affirms CA2
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... -
District Court: No Jurisdiction Over Emergency GTMO Motion on Water, Cold
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... -
Redacted USG and Defense Briefs in Ghailani Appeal
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... -
Newsflash: Al Nashiri Hearings Postponed
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... -
Petitioner's Further Briefing in GTMO Hunger Strike Dispute
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... -
Developments in GTMO Emergency Motion on Water and Cold
Earlier today, in Anam et. al. v. -
Peter Margulies on the <em>Mehanna</em> Briefing
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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