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Musa'ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention.
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On October 12th, Judge Walton denied habeas relief to GTMO detainee Abdul Qader Ahmed Hussein (ISN 690), and the 22-page unclassified opinion is now available here.
I don't think the opinion breaks any ...
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One of the interesting things about 18 USC 2339B (the 1996 material support law) and
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An important case gets underway tomorrow in Boston: the civilian criminal prosecution of Tarek Mehanna, charged with an array of offenses stemming from allegations that he traveled to Yemen in 2004 in an...
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Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court's dismissal of a B...
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I'm afraid I owe Lawfare readers an apology. Because of a calendar foul-up, I missed yesterday's D.C. Circuit argument in Alsabri v. Obama, a Guantanamo habeas case--nor did I write an oral argument prev...
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Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ...
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The defense in United States v.
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The invaluable Josh Gerstein of the Politico offers these important pieces of the legislative politics puzzle surrounding the Kelly Ayotte amendment, which I wrote about here and here:
The vote, taken ju...
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The Kelly Ayotte amendment I discussed yesterday was voted down late last night, reports the Associated Press:
WASHINGTON — The Senate voted early Friday to reject a Republican effort to prohibit the Uni...
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Another unpleasant proposed spending restriction related to trying suspected terrorists--this time from Senator Kelly Ayotte. This is a proposed amendment to an appropriations bill for the Justice Depart...
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The Supreme Court has granted cert in the Kiobel case, in which the Second Circuit held last fall that corporations may not be held liable for violations of the "law of nations" under the Alien Tort Stat...