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Amici Retired Military Officials Seek to Participate in Al-Nashiri v. MacDonald Argument
The Ninth Circuit will hear oral argument in Al-Nashiri v. MacDonald on June 3. The civil appeal challenges the power of the Military Commissions’ Convening Authority to prosecute Al-Nashiri before a mi... -
Hedges: CA2 Refuses Supplemental Briefing and Argument On Issues Arising From Clapper
So we learn from this order, handed down yesterday, by the United States Court of Appeals for the Second Circuit. In a letter filed after the Hedges oral argument, attorneys for the government had cited... -
Post-Boston Polls Find Americans Increasingly Unwilling To Trade Freedom for Security
A very interesting post on the New York Times's FiveThirtyEight blog argues that, while Americans think future terrorist attacks are likely, they're also increasingly "skeptical about sacrificing persona... -
Senator Graham on Tsarnaev and Miranda
Yesterday, Senator Lindsey Graham held a press conference, in which he unsurprisingly lamented the White House's decision not to treat Dzhokhar Tsarnaev as an "enemy combatant." A transcript is below. G... -
NYT on Tsarnaev's Bedside Initial Hearing and PSE Questioning
Among other things, the story describes the defendant's interrogation, Sunday, pursuant to Miranda's public safety exception: BOSTON — Lying grievously wounded in a hospital bed, the surviving suspect i... -
The "Tsarnaev is Innocent" Movement
I suppose this was inevitable: A Twitter hashtag has developed devoted to the proposition that Dzhokhar Tsarnaev is innocent: #Freejahar, for those curious to check it out. Spencer Ackerman describes it ... -
Why It's Too Soon To Call the Boston Marathon Bombing an Intelligence Failure
Lawfare's crack team of contributors has been busy invading The Huffington Post. Hot on the heels of Susan and Ritika's excellent backgrounder on Chechnya and Kyrgyzstan, I've posted an article arguing t... -
A Deep(er) Dive into Chechnya and Kyrgyzstan
While the manhunt for one of the Boston bombing suspects was underway Friday, Susan and I wrote up this short annotated bibliography linking to pertinent resources about the conflicts in Chechnya and Kyr... -
Tsarnaev Has Been Mirandized by the Court: What Is the Next Interrogation Issue?
The Miranda issue is over. As Wells noted earlier, Tsarnaev made his initial appearance before a magistrate judge, at the hospital, and at that time the judge informed Tsarnaev of his right to remain si... -
Now Available: Charges Against Dzhokhar Tsarnaev
The freshly unsealed criminal complaint was filed sometime yesterday. -
A Preview of Likely Terrorism-Related Charges Against Tsarnaev
There will be no shortage of charges in the indictment that will issue against Tsarnaev shortly. Many if not most will be ordinary violent-crime charges rather than terrorism-specific ones--though they'... -
Geoff Corn on Tsarnaev, Miranda, and Questioning Terrorism Suspects
The following guest post is from Professor Geoffrey Corn (South Texas College of Law). While there is still much we do not know regarding the Boston marathon bombings, there is enough information (and ...
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