We just caught wind of this new CRS report on Guantanamo-related legislative actions (both enacted and proposed as of December 9th, 2010), written by Michael John Garcia.  A very good survey for those interested.… Read more »

Briefing on certiorari is now complete in Al Odah v. United States.

In his cert. petition, Fawzi Khalid Abdullah Fahad Al Odah urged the Supreme Court to review the D.C. Circuit’s ruling that the preponderance of the evidence standard … Read more »

Shelley had, of course, more to say about the situation in Egypt today. Most famously, he wrote the following sonnet in praise of Hosni Mubarak:

Ozymandias

I met a traveller from an antique land
Who said: “Two vast and trunkless

… Read more »

Over at Opinio Juris, Kevin Jon Heller has posted some thoughts on the two questions that will be addressed at oral argument by the CMCR’s en banc proceeding in al-Bahlul.   His discussion of Numemberg in relation to the joint-criminal-enterprise/conspiracy … Read more »

Many thanks to Kenneth Anderson for this kind and thoughtful write-up of Detention and Denial over at the Volokh Conspiracy.… Read more »

We have new briefs in two Guantanamo habeas appeals—Al Madhwani v. Obama and Al Abdah v. Obama (Al Latif).

The first is the government’s response brief in Al Madhwani, a case in which Musa’ab Omar Al-Madhwani appeals Judge … Read more »

Think about how few words you would have to change in this astonishing sonnet by Shelley before it would perfectly describe Egypt today. Answer: Not many.

England in 1819

An old, mad, blind, despised, and dying king,
Princes, the dregs

… Read more »

Steve Vladeck just sent in the following thoughts in response to my suggestion that habeas is not quite a right without a remedy:

Without getting too deeply into the back-and-forth between you, David, and Sabin over the “Embrac[e] Guantanamo” idea,

… Read more »

The responses to my “Embrace Guantanamo” post from Sabin Willett, David Remes, and Gabor Rona have a common argumentative thread that strikes me as warranting a response. Not that it’s wrong, exactly, but the reader might … Read more »

I’m delighted that my little post from the other day is eliciting such thoughtful and interesting reaction. I just received the following email from habeas lawyer Sabin Willett:

I enjoy your sparring with Brother Remes.
 
Embrace it?  The real

… Read more »

Habeas lawyer David Remes sent me yesterday the following comments on my earlier post suggesting that it’s time for President Obama to embrace Guantanamo. I want to draw attention very briefly to two aspects of his note. First, it … Read more »

“And because the American people deserve to know that special interests aren’t larding up legislation with pet projects, both parties in Congress should know this,” President Obama said last night in his State of the Union Address, “if a bill … Read more »

Over at the Huffington Post and again at Human Rights First’s blog, Raha Wala (Law and Security Fellow, Georgetown) argues that I am arm-in-arm with Marc Thiessen and Andy McCarthy in “declaring victory” over the administration’s decision to allow … Read more »

This morning the CMCR issued an order calling for fresh briefing and argument in the al-Bahlul appeal, but not in Hamdan (or so I’m told; we’ll see, I guess).  Here is the text of the order:

Upon consideration of the record

… Read more »

Many will claim that Ghailani’s life sentence vindicates the trial system as a vehicle for incapacitating terrorists.  The verdict is a reminder that civilian trials have a successful track record in incapacitating terrorists.  But we must also remember that the … Read more »