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From the Blog of the Legal Times, we learn that the ACLU has filed its opposition to the CIA's motion to remand, in the Freedom of Information Act ("FOIA") appeal now awaiting oral argument before the D.C.
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Remember Tuesday's order in Wahid v.
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The Harvard Law Review has published this article on the Latif decision as its presumption of regularity by a student named Al-Amyn Sumar. The article is dated in two important respects--first, that it a...
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Apropos of Steve's fascinating post (and essay) concerning judicial reluctance to permit civil suits to go forward in national security related cases: new developments in connection with the al-Kidd liti...
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Ali Hamza Ahmad Suliman Al Bahlul has filed his reply brief in his appeal of his military commission conviction in the U.S. Court of Appeals for the District of Columbia Circuit. You'll recall that Al Ba...
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For D.C.-area readers, I'll be participating in what should be a lively discussion of the current and future legal and policy issues surrounding military commissions (I suspect it will be that much livel...
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Why have victims of alleged governmental misconduct arising out of post-September 11 counter-terrorism policies met with virtually no success thus far in pursuing damages claims arising out of the govern...
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The United States District Court for the District of Columbia yesterday granted the United States' motion to dismiss in Wahid v. Gates - a habeas case in which the petitioner had challenged his detention...
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Just a quick follow-up on my post of this morning. A correspondent points out to me that on David Remes's definition of "prevailing," Boumediene itself should be counted as a government win. After all, t...
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The government has filed its supplemental brief in Hamdan on the question of whether the case is moot. We shared a few weeks back Hamdan's supplemental brief on the issue. As Wells explained in that post...
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In his response to my earlier post on the New York Times's 19-to-0 figure--which turns out, he says, to be his 19-to-0 figure--David Remes makes several interesting points worthy of comment. I wish to fo...
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Habeas lawyer David Remes writes in to defend the New York Times's use of 19-to-0 as the government's win-loss record before the D.C. Circuit in habeas cases. He makes, to be honest, a better case than I...