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July 19 D.C. Bar Panel on Military Commissions, Present and Future
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... -
The New National Security Canon
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... -
District Court Dismisses in Wahid
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... -
One More Thought on the Definition of "Prevail"
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... -
Government's Supplement Brief in Hamdan on Mootness
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... -
Thoughts on David Remes's Definition of "Prevailing"--and of 19
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... -
David Remes Responds to My Habeas Numbers
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... -
Government Reply in Mingazov On Remand
Just in time for the weekend, here's the latest in Mingazov. As I noted yesterday, Ravil Mingazov posted his response in opposition to the government's motion to remand his case back to the District Cour... -
Checking in on the Mingazov Case
There has been some movement in the long-stalled Mingazov case—one of the Guantanamo habeas cases that’s still kicking around. Way back in December 2010, Larkin shared the government's brief in its appea... -
USG Seeks Remand in CADC FOIA Case, Based on SDNY Filing
Jack and Ben earlier noted the government's long-awaited brief in support of its motion for summary judgment in New York Times Co. v. Department of Justice and ACLU v. -
USG Filing in NYT/ACLU SDNY FOIA Suit Re Targeted Killings
Here is the Government’s brief in support of its summary judgment motion in response to requests by the NYT and ACLU for records on targeted killings, especially with regard to U.S. citizens. This is t... -
The Real D.C. Circuit Habeas Record
A few days ago, the New York Times editorial page made a remarkable claim: "In the 19 [Guantanamo habeas] appeals [the D.C. Circuit] has decided, the court has never allowed a prisoner to prevail." As I ...
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