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A few weeks back we noted that Ali Hamza Ahmad al Bahlul filed his petitioner brief in the D.C. Circuit Court in his appeal from the military commission's judgment and sentence against him. Now comes his...
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Defense counsel for the five alleged 9/11 co-conspirators have filed several motions challenging the closed-door nature of some military commission proceedings.
Although the filings haven't been releas...
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Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...
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This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences:
(1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ...
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Is al Qaeda in the Arabian Peninsula (AQAP) so distinct from the original al Qaeda network (“core al Qaeda”) that the use of force against AQAP cannot be justified, as a matter of U.S.
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Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that's still moving in the lower courts. There was a time, not ...
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In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...
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Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom. Jonathan write...
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David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent.
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Peter Margulies of Roger Williams University School of Law writes in with the following response to David Cole's recent article on the Tarek Mehanna case:
While David Cole’s passionate defense of the Fir...
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Ken and Ben have recently commented on the national security speeches of Obama Administration officials, including most recently the remarks of CIA General Counsel Stephen Preston. As a former Bush Admi...
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Georgetown law professor David Cole has this disturbing article in the New York Review of Books Blog on the Tarek Mehanna case. I have not followed this case carefully in the district court, but this art...