Nine years after it was enacted in response to the September 11 attacks, the Authorization to Use Military Force (AUMF) remains the primary basis for detaining and targeting terrorists who threaten the United States. The AUMF, however, authorizes force only … Read more »
Over at Concurring Opinions, Gerard Magliocca notes the Supreme Court’s cert. grant in the General Dynamics/Boeing state secrets case (arising out of the cancellation of the A-12 contract). With all respect, I think he is mistaken about two points in … Read more »
The Al Kandari opinion declassified yesterday does not present a particularly interesting fact pattern. The case, however, is deeply interesting in one respect, which is that it shows methodological movement in the district court on the question of the burden … Read more »
Judge Colleen Kollar-Kotelly’s opinion in Al Kandari v. U.S., some background on which I offered background here, is now declassified and available. It is lengthy and I have not read it yet but will offer thoughts as soon … Read more »
Further to my earlier post on the FY2010 Intelligence Authorization Act, the full text of the bill and the precise details of the compromise among the White House, Senate, and House can be found here (FAS has posted an excerpt from … Read more »
For about a year and a half after the Supreme Court’s 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation. Beginning in January this year, some of … Read more »
The first Chapter of Bob Woodward’s Obama’s Wars describes Barack Obama’s first post-election intelligence briefing from Director of National Intelligence Mike McConnell, on November 6, 2008. The chapter shows McConnell, at the direction of President Bush, excluding many Obama aides … Read more »
Kevin Heller says that progressives “argue that the decision to kill an American who does not pose an imminent threat should be submitted to law — to the judicial process — not left to the ‘good faith’ of the President. … Read more »
The Supreme Court granted cert. today in General Dynamics v. United States and Boeing v. United States, both arising out of the massive, long-running contract dispute associated with the cancellation of the A-12 Avenger II program. The question … Read more »
Adam Serwer of the American Prospect has a typically thoughtful post on the government’s Al Aulaqi brief, notable for his taking the government’s arguments seriously even in dismissing them. His rather nuanced bottom line is the following:
I think it’s
[FINAL UPDATE: Please disregard this original post, and instead look to my summary of the actual bill posted on 9/29/10]
[update: some have suggested to me that my impression of the bill will be different once I see the … Read more »
Here’s an interesting addition to our discussion of Lindsey Graham’s Guantanamo habeas legislation. Walter Kuhn, Minority Chief Counsel on the Senate Judiciary Committee’s Subcommittee on Crime & Drugs, has written a forthcoming law review article entitled, “The Terrorist Detention Review … Read more »
In the aftermath of the Israeli/Gaza “flotilla” incident, the U.N. Human Rights Council appointed a panel to investigate potential violations of both international humanitarian law and international human rights law. That panel has now issued its report, a 56-page document available here (this won’t be … Read more »
David Cole has a new article on Guantanamo in the New York Review of Books. There is a great deal in David’s article with which I disagree, both tonally and substantively. But his piece, as with a fair bit of … Read more »
In my previous post, I argued that the government’s Al Aulaqi privilege claim, for all the attention it is getting, is not the grounds on which the government wants to get this case thrown out. The preferred grounds, to … Read more »
