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Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of cours...
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[Update: A colleague writes in to say that Khatalla may have been in "civilian" custody, formally speaking, all along. That may be; I recall a statement after the capture to the effect that the raid wa...
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That's the gist of this Rule 28(j) letter, regarding pertinent post-argument authority. It was filed today with the D.C. Circuit by lawyers for Ali Hamza Ahmad Suliman al Bahlul, whose case could be dec...
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As Wells noted a few days ago, the U.S. District Court for the District of Oregon issued an opinion this week in Latif v. Holder, which held unconstitutional certain redress procedures for individuals on...
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As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequ...
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Earlier this morning, we featured a post regarding key developments in the Mohamud criminal case in Oregon.
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As I read Ben’s, Jack’s, John’s Steve’s and Wells’s posts, I come away with the impression that there is unanimous agreement at Lawfare that Abu Khattala (a) cannot be sent to Guantánamo for further inte...
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The government seems to think not, judging by New York Times coverage I noted earlier this morning. Among other things, the Times piece discusses the executive branch's thinking about Abu Khattalla's det...
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I seem to have arrived late to the Abu Khattalla party. But I concur most emphatically that he should be tried in a stateside civilian court.
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Among the proposed amendments to the DOD appropriations bill currently under consideration in the House of Representatives is this doozy, courtesy of Arkansas Rep.
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Here it is. The text opens:
Good afternoon. Today Abd al Hadi al-Iraqi—an Iraqi national whose records indicate was born as Nashwan Abd al Razzaq in 1961 in the city of Mosul—was arraigned before a Unit...
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It’s go time at the Expeditionary Legal Complex, Courtroom Two. After some shuffling of papers and adjusting of microphones, the military judge, Navy Capt. J. Kirk Waits, calls the initial hearing to ord...