Skip to content

Monthly Archives: April 2011

Waters on the Neutral Conception of “Lawfare” (and This Blog’s Contribution to that Conception)

By
Saturday, April 30, 2011 at 4:14 PM

Near the time we launched this blog last September (has it really only been half a year?), there was an impressive symposium on the topic of “lawfare” at Case.  The articles for that symposium have now been published by the Case Western Reserve Journal of International Law.  Lots of terrific stuff here, but naturally I was . . .
Read more »

Wikileaks and the Rule of Law at GTMO: A Roundtable Discussion at Foreign Policy

By
Saturday, April 30, 2011 at 3:51 PM

Last week, amidst the flurry of interest occasioned by the wikileaks disclosure of GTMO detainee assessment documents, I was asked to join a group of folks offering opinions on the matter for Foreign Policy’s website.  My brief contribution sounds a cautionary note: …The publication of the DABs will add fuel to at least two fires . . .
Read more »

It Is, I Suppose Inevitable…

By
Friday, April 29, 2011 at 1:19 PM

…but it is kind of sad, anyway, that some people are taking the opportunity of the Left’s sliming of Paul Clement to begin attacking once again those Justice Department attorneys who in private practice represented Guantanamo clients. But it does reinforce my point from earlier this week that these two episodes are deeply connected. Andy . . .
Read more »

Barton Gellman on Bob Mueller

By
Thursday, April 28, 2011 at 11:39 AM

Barton Gellman just published this lengthy profile of FBI Director Bob Mueller in Time. I haven’t read it yet but will post thoughts when I do.

Mixed Feelings About This

By
Thursday, April 28, 2011 at 8:59 AM

I have mixed feelings about this New York Times oped by the ACLU’s Jameel Jaffer and Larry Siems of the Freedom to Write program at the PEN American Center, who are urging that government officials during the Bush administration “who stayed true to our values and stood up against cruelty are worthy of a wide . . .
Read more »

It Does Seem Odd…

By
Wednesday, April 27, 2011 at 9:05 PM

…that every non-government employee in the world can discuss what the Wikileaked documents say about Guantanamo detainees except their own habeas counsel–who remain gagged as a consequence of their obligation to “protect” classified information that is all over the Internet. I find myself quite sympathetic to this motion that David Remes filed today in Paracha . . .
Read more »

Introducing Lawfare’s New Book Review Editor

By
Wednesday, April 27, 2011 at 4:09 PM

I am delighted to announce that Kenneth Anderson has agreed to become Lawfare’s new book review editor. As I noted a few weeks back, the volume of recent and forthcoming books of potential interest to readers of this blog is significant. As part of Lawfare’s ongoing expansion, its Ruling Triumverate has decreed that we should . . .
Read more »

Lowering the Domestic Political Cost of Humanitarian Intervention

By
Wednesday, April 27, 2011 at 12:10 PM

I have recently blogged about two issues:  whether congressional authorization is required as a constitutional matter for U.S. involvement in military operations such as the one in Libya, see here and here, and whether modern technology (such as unmanned drones) is making it easier to avoid thinking about the human cost of warfare, see here. . . .
Read more »

The Washington Post on Clement and Gitmo Lawyers

By
Tuesday, April 26, 2011 at 11:17 PM

There is still no institution in American politics by which I feel more represented than I do by my former colleagues at the Washington Post editorial page. This editorial makes, in my view, all of the important points: The Human Rights Campaign — perhaps the premier gay rights organization in the country — took offense . . .
Read more »

Eric Holder on Paul Clement

By
Tuesday, April 26, 2011 at 4:12 PM

NPR’s Carrie Johnson is reporting that Attorney General Eric Holder has spoken out strongly on behalf of Paul Clement: To the list of prominent lawyers defending former Solicitor General Paul Clement’s decision to leave his law firm and keep defending an increasingly unpopular federal statute that prohibits same sex marriage, add this one: Attorney General . . .
Read more »

More on Paul Clement and the Guantanamo Lawyers

By
Tuesday, April 26, 2011 at 8:05 AM

One of the few bright spots when the flap over the Justice Department lawyers who previously had Guantanamo clients broke last year was the rapidity with which prominent conservatives denounced the attacks once given the chance by the statement I drafted. As I later described it in the New Republic, The overwhelming response from centrists and . . .
Read more »

Paul Clement and the Guantanamo Lawyers

By
Monday, April 25, 2011 at 8:27 PM

For what it’s worth, I hate the Defense of Marriage Act and always have. I want it repealed and will shed no tears if it gets struck down in the courts. On its face, moreover, what happened today between former Solicitor General Paul Clement and his now-ex-law firm, King & Spalding, has nothing whatsoever to . . .
Read more »

David Remes on WikiGitmoleaks

By
Monday, April 25, 2011 at 12:06 PM

Habeas lawyer David Remes just sent in the following: Whatever their significance may be in other respects, the Wikileaks documents have little significance for the detainees still at Guantanamo, because few if any of them will be transferred in the foreseeable future. First, Congress has effectively barred detainee transfers. Second, Obama wants to transfer only . . .
Read more »

Releasing “High Risk” Detainees

By
Monday, April 25, 2011 at 11:09 AM

National Public Radio has added its voice to that of the New York Times on the new Wikileaked Guantanamo files. NPR actually has a few stories, along with this database–done in conjunction with the Times. One meme that is prominent both in this discussion on Morning Edition and in this New York Times story is the . . .
Read more »

Unthinking Death

By
Monday, April 25, 2011 at 10:21 AM

The press coverage today of the leaked files concerning the Guantanamo detainees provides a dramatic contrast with public discussions over the operations in Libya.  The focus on the detainees is agonizingly particularized and personal.  By contrast, we know nothing about the individuals who are being killed by U.S. military operations in Libya and probably never . . .
Read more »

U.S. Government Statement in Response to Times Article

By
Sunday, April 24, 2011 at 9:38 PM

Here is the statement by Pentagon spokesman Geoff Morrell and Ambassador Dan Fried, Special Envoy for Closure of the Guantanamo Detention Facility in response to the New York Times story to which I just linked. One interesting feature of this statement is its protectiveness of the propriety of actions of the previous administration. This is a change . . .
Read more »

Wikileaks Strikes Again–This Time at Guantanamo

By
Sunday, April 24, 2011 at 9:19 PM

I can’t fathom right now who should be most upset–the government or the detainee bar–by this story in the New York Times: WASHINGTON — A trove of more than 700 classified military documents provides new and detailed accounts of the men who have done time at the Guantánamo Bay prison in Cuba, and offers new insight . . .
Read more »

How Many to Try

By
Sunday, April 24, 2011 at 10:04 AM

The most remarkable passage in the Washington Post story to which I linked earlier is this one, which highlights the remarkable naiveté with which the incoming Obama administration–including the President himself–approached the Guantanamo closure: In late April, Obama heard some jarring news during a Situation Room meeting with the interagency task force reviewing the case . . .
Read more »

Why Guantanamo is Still Open

By
Sunday, April 24, 2011 at 8:06 AM

The Washington Post this morning has this comprehensive account of the decline and fall of President Obama’s Promise to close Guantanamo. It is a very solid and, to my mind accurate, rendering of the tale. My favorite part: On Obama’s inauguration night, when the new administration instructed military prosecutors to seek the suspension of all . . .
Read more »

What Was the Extraterritorial Scope of the Material Support Law (2339B) Between 1996 and 2004?

By
Friday, April 22, 2011 at 11:44 AM

My post yesterday on possible civilian criminal charges against al-Nashiri included reference to my view that 2339B was not extraterritorial until a 2004 amendment.  I should have been far more specific about my claim.  Of course the statute from its origin in 1996 did include language referring to extraterritorial application…but in its original form it also . . .
Read more »