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Government Files Brief Opposing Permanent Injunction in Hedges
The government has filed its brief in opposition to the plantiffs' motion for a permanent injunction--and seeking dismissal of the case. -
My Thoughts on Al-Aulaqi and the Inversion of Bivens
Over at the ACSblog, I have a guest post up on Al-Aulaqi v. Panetta and Ben's suspicion that the lawsuit will go the way of Arar, Lebron, Doe, and Rasul--with courts holding that there should be no Biven... -
Motions Hearing Today in U.S. v. Kiriakou
This morning, U.S. -
Analysis of U.S. v. Ali: A Flawed Majority, Conflicting Concurrences, and the Future of Military Jurisdiction
As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over... -
Consolidated Reply and Motions Hearing in USA v. Kiriakou
Last week, security officials unsealed John Kiriakou's consolidated reply - in which the defendant takes on the government's opposition to his motion for a bill of particulars, and his motion to dismiss ... -
CAAF Upholds Constitutionality of Military Jurisdiction Over Civilian Contractors
It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)... -
Hearing Today in Al Maqaleh v. Rumsfeld
As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution. After several very quiet months... -
Plaintiffs Seek Permanent Injunction in Hedges
Get your memo in support here. Government response due on July 23, I hear. The original opinion striking down Section 1021 of the NDAA is available here. And no, I will not be participating in this pan... -
"Any Unauthorized Disclosure"
There seem to be many things habeas counsel might dislike about the proposed Memorandum of Understanding that DOJ has asked David Remes to sign. But like Ben, I’ll wait until I see the government’s resp... -
My Own Personal Moment of Zen
I received the following email just now--the first time in my life, and I suspect the last, that I ever been confused with a certain blogger over at Salon.com: From: Lucas Vazquez To: wittes.lawfare@gma... -
The Draft, the Constitutional Militia, and the Most Important Supreme Court NSL Case You (Probably) Haven't Heard Of...
According to various media reports, General Stanley McChrystal suggested late last month that the United States should bring back the draft if it goes to war again, arguing that the costs of the wars in ... -
Government Files Opposition in Kiriakou Case
The government has filed its opposition brief in United States v.
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