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Based on the voluminous media and blog coverage of last week's decision in Hedges v. Obama, in which Judge Forrest permanently enjoined at least part of the detention provision of the FY2012 NDAA [sectio...
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David Remes---who, in addition to representing several Guantanamo detainees, is a member of the plaintiffs' legal team in Hedges v. Obama---sent in this note yesterday:
The debate on this blog about Jud...
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Lawfare reader Col. Fritz Barth USMCR (ret.) writes in with this comment on the SCI nondisclosure obligations of Matthew Bissonnette, author of No Easy Day:
There is one additional element of Bissonette'...
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Raha Wala of Human Rights First writes in with the following response to my comments on Hedges. My thoughts follow his critique and very-cautious defense of Judge Forrest:
Ben’s post on Judge Forrest’s o...
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I don't have a lot to add to Ben's analysis of Judge Forrest's decision yesterday in Hedges v.
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I have now read through Judge Forrest's opinion in Hedges---all 112 pages of it. I have done so only briskly, and I have surely missed things in my haste. But here are some initial thoughts.
The opinion...
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I haven't read it yet, but here it is.
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“How the hell can we run sensitive operations here that go after enemies if people are allowed to do that?,” asked Secretary of Defense Leon Panetta, on CBS, in response to the revelations about the Bin ...
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Tom Ricks has an uncharacteristically uninformed post about the No Easy Day kerfuffle, in which he claims that it “would be a bad thing if people came to expect some sort of right of the military to revi...
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I'm happy to report that I've recently completed drafting an article that has been much on my mind for the past few years. Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture o...
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Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v.
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Over at SCOTUSblog, there's a terrific symposium underway to celebrate the fiftieth anniversary of The Least Dangerous Branch, Alex Bickel's seminal work on the Supreme Court and judicial review.