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D.C. Circuit Opinions in Al-Alwi and Gul
Today, the D.C. Circuit handed down opinions in two detainee cases, Al-Alwi v. Obama and Gul v. Obama. *** -
Another Conviction in the al-Shabab Recruitment Investigation
United States v. Mohamed (D.Minn. July 18, 2011) is the latest in a series of convictions federal prosecutors have obtained in response to the recruitment of young Somali-American men in the Minneapolis ... -
Courts Lack the Power to Order Closed Proceedings in Civil Cases: the UK Supreme Court’s Decision in Al-Rawi
On Wednesday, the UK Supreme Court handed down its decision in Al-Rawi v. -
Seventh Circuit Joins DC Circuit in Holding that Corporations May be Held Liable under Alien Tort Statute
No sooner had I posted my comment on Monday about the DC Circuit’s Alien Tort Statute decision in the ExxonMobil case than the Seventh Circuit issued its own decision on the question of corporate ATS lia... -
Does Rasul Control as to Proxy Detention in Somalia?
In response to my post yesterday about looming habeas litigation alleging that the U.S. -
Al Maqaleh Update and the Boumediene "Factors"
The last time we covered the progress of the case that I’ll call Al Maqaleh v. -
DC Circuit ATS Decision in ExxonMobil Sharpens Circuit Split
On Friday, the DC Circuit held, in a 2-1 panel decision in Doe v. -
Small World...Jury Conviction, New York, al-Shabab, Overseas Capture
Isn't this interesting.... In a case titled United States v. Kaziu (E.D.N.Y. -
David Kris on Criminal Prosecution as a Counterterrorism Tool
Well, this is timely. The Journal of National Security Law & Policy has just published this 104-page article from David Kris (who recently stepped down as the AAG for the National Security Division at D... -
Warsame: An Emerging New Model for Terrorism Cases?
As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri... -
Breaking News: Overseas Military Capture, Extended Interrogation, and Civilian Criminal Prosecution in New York City: US v. Warsame as the Model Case?
This is, I think, a big deal. Hot on the heels of the fascinating testimony last week from Admiral McRaven and General Allen regarding disposition options for terrorism suspects captured overseas but out... -
Another Busy Week for DOJ on the Terrorism Prosecution Front: Seattle, Cleveland, Germany, Columbia
Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so). There were at least four major developments worth highlighting, most of them largely under the nat...