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No CTIIC Meddling Please: Excerpts from White House Veto Threat
Back on June 15, the White House issued a SAP (statement of administration policy) spelling out objections to H.R. 2596, the Intelligence Authorization Act for FY'16. The SAP concludes that the Presiden... -
Why I Don't "Trust" the Military Commissions (And You Shouldn't Either...)
In a characteristically thoughtful post, my friend (and, in his words, "long-time sparring partner") Charlie Dunlap takes me to task for some of my comments in last week's Lawfare podcast with regard to ... -
The D.C. Circuit's Thoroughly Convincing Decision in <em>al-Nashiri</em>
This morning, a three-judge D.C. -
Patel Decided
Boy, talk about making a mistake. On Monday I confidently predicted the pending decision in City of Los Angeles v. Patel, saying, among other things that "Most observers (including me) think that the Co... -
D.C. District Judge Sides with CIA in Drone FOIA Case
A D.C. District judge ruled yesterday that the CIA can keep nearly all information related to its drone activities and the legal basis for them secret, reports Josh Gerstein of Politico. U.S. -
Second Circuit Rules That High-Level Bush Officials May be Sued For Post-9/11 Round-up of Immigrants
In what seems to be a first-of-its-kind ruling, the Second Circuit Court of Appeals has reinstated claims against former Attorney General John Ashcroft, former FBI Director Robert Mueller, and former INS... -
The Functional Case Against Military Commission Trials of "Domestic" Offenses
As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two diff... -
An Overview of the DC Circuit’s Opinion in <em>Al Bahlul v. United States</em>
On June 12, a three-judge panel of the D.C. Circuit handed down its decision in the most recent iteration of Al Bahlul v. United States, vacating defendant Ali Hamza Suliman al Bahlul’s conviction for in... -
Magna Carta, Due Process, and the Prohibition against Arbitrary Imprisonment or Killing
Eight hundred years ago today, English barons obliged King John to sign Magna Carta. In honor of the anniversary, I thought I might share a brief passage on the subject from my book manuscript (I'm in t... -
Iran Sanctions and the Dangers of Overdetermination
A few days ago, the Associated Press reported that “the Obama administration may have to backtrack on its promise that it will suspend only nuclear-related economic sanctions on Iran.” This promise is th... -
Military Courts and Article III Functionalism: <br> What <em>Al Bahlul</em> Should Have Said
At their simplest, both Judge Henderson's 85-page dissent from the D.C. Circuit's decision in al Bahlul v. -
The OPM Data Breach: Congress Should Investigate, but Should Consider Its Own Responsibility for Protecting Federal Workers
The data breach of OPM’s personnel records system is a privacy and security disaster for the U.S. Government and for the 4 million (and possibly as many as 14 million) current and former federal employee...
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