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Federal Judge Enjoins Section 1021 of the FY2012 NDAA
Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing... -
D.C. Circuit Denies Petition for Initial En Banc Hearing in <i>Al-Bahlul</i>
We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been... -
National Security @ This Week's Supreme Court Conference
As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court's nine Justices are set to review at their Conference this Friday. I just thought I'd f... -
Al Shabaab Commander Turned Cooperating Witness?
An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed--a case that receives little attention, b... -
CRS Report Comparing Rights in Military Commissions and Federal Courts
Just in from the Congressional Research Service, this report compares the rights of defendants tried in military commissions to those tried in federal criminal court. Presumably because of the commenceme... -
Judge Wilkinson and the Irony of "Judicial Restraint" in <i>Al-Shimari</i>
Whatever else one might say about Fourth Circuit Judge J. Harvie Wilkinson III, I think it's safe to describe him as one of the leading contemporary advocates of judicial restraint on the federal appella... -
En Banc Fourth Circuit Dismisses Contractors' Appeals in Abu Ghraib Torture Suit
I've blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military... -
Comments on the New Seton Hall Report
I have now read the new Seton Hall report to which I linked earlier and I have to say: I am perplexed. The report's thesis, in a nutshell, seems to boil down to two propositions: that the D.C. Circuit's... -
New Seton Hall Study on Guantanamo Habeas Appeals
I only just noticed this new report by Mark Denbeaux, Jonathan Hafetz, and an extensive list of others at the Seton Hall University School of Law, entitled "No Hearing Habeas: D.C. Circuit Restricts Mean... -
9/11 Arraignment #13: Getting Through These Challenges Has Been A Challenge
It’s nearly 5:00 pm when the court reconvenes, and everyone is exhausted. The day has been long and contentious, and we are not even 40 percent of the way through the questioning of the judge. Fortunatel... -
Live-Blogging Tomorrow's Arraignment in United States v. KSM et al
A gentle reminder - not that you really needed one, being a devoted Lawfare reader and all - Ben and I will be live-blogging tomorrow's much-anticipated arraignment in United States v. KSM et al. Accor... -
Oral Argument Recap in Hamdan
Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents' worth here. Again, it is an...
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