Former U.S. District Judge James Robertson published this interesting letter to the editor in the Washington Post. Judge Robertson is, to my knowledge, the first member of either the district court or the court of appeals to publicly express … Read more »
Rep. Michael McCaul proposes doing just that, in this legislation, with the goal of enabling material support prosecutions under 18 USC 2339B against those who supply guns (or just about anything else) to the six cartels named in the bill (Sinaloa, Gulf, … Read more »
I’m very happy to present this very interesting and useful summary produced by Ryan Sylvester, a third-year student at Fordham Law:
On March 10, 2011, the U.S. Department of State posted its Response to UN Human Rights Council Working … Read more »
Senator Rand Paul has attached the following Amendment to S. 493, the SBIR/STTR Reauthorization Act of 2011:
It is the sense of the Senate, that “The President does not have power under the Constitution to unilaterally authorize a military
Josh Rogin has an intriguing post up over at the Cable, detailing an interview with HPSCI Chairman Mike Rogers (R-MI) concerning the ongoing debate regarding whether to arm the Libyan rebels. There is much worth comment here, but I’ll confine … Read more »
As Ben mentioned yesterday, the D.C. Circuit’s new Uthman decision signaled a notable clarification in how lower courts should consider evidence in habeas cases: When considering whether a detainee is “part of” Al Qaeda or the Taliban, Judge Kavanaugh wrote, … Read more »
On Monday, counsel for the habeas petitioners Farhi Saeed Bin Mohammed and Omar Khadr replied to the government’s oppositions to their cert. petitions.
The Khadr reply is short, and the Mohammed reply even shorter. In fact, the Mohammed reply, which … Read more »
Habeas lawyer David Remes sent me the following the other night from Guantanamo. I am not sure what to say about it, so I pass it on without comment:
Being in Guantanamo, visiting clients who understand they’ll spend the rest
The recent decisions from the D.C. Circuit (the Mohammed dismissal and Uthman reversal), as well as some activity in the district court, meant an update to the habeas numbers was in order:
- Uighur cases in which detention was … Read more »
The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teach some classes and give a lecture at Skidmore College, … Read more »
In a post this morning at Balkinization, Mark Tushnet argues that President Obama need not seek Congressional approval for U.S. participation in the Libyan Civil War because this armed conflict is not a “war” within the meaning of the Declare … Read more »
Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas petitioner Uthman Abdul Rahim Mohammed Uthman. The government … Read more »
President Obama’s speech was a full-throated defense of his deployment of U.S. military force, without congressional authorization, in a situation “when our safety is not threatened, but our interests and our values are.” The President added that he (not he … Read more »
Today the D.C. Circuit granted the government’s motion to dismiss as moot Farhi Saeed Bin Mohammed’s Guantanamo habeas merits appeal.
The government had appealed Judge Gladys Kessler’s grant of Mohammed’s habeas petition. However, the government soon requested that the merits appeal be … Read more »
