Skip to content

Monthly Archives: June 2011

The Kentucky-Iraq Defendants Waived Miranda and Presentment, and the Government “Conducted Extensive Interrogation” Thereafter

By
Wednesday, June 22, 2011 at 4:46 PM

In response to my post earlier today on Senator McConnell’s call for the defendants in the Kentucky-Iraq case to be transferred to GTMO, the  spokesman for DOJ’s National Security Division (Dean Boyd) shares the following information: “Law enforcement officials conducted extensive interrogation of these suspects for several days after their arrests to quickly gather intelligence and other . . .
Read more »

House Resolutions on Libya Available

By
Wednesday, June 22, 2011 at 2:45 PM

Lawfare readers may be interested in reading the two competing resolutions under consideration in the House this week. The first is a resolution requiring the President to withdraw U.S. forces from combat activities. The second authorizes limited U.S. involvement in Libya, which expires one year from the date the resolution is enacted (and mirrors the . . .
Read more »

Response to Senator McConnell’s Op-Ed on Civilian Trials for Iraqis Arrested in Kentucky

By
Wednesday, June 22, 2011 at 10:40 AM

Senator McConnell has an op-ed in the Washington Post sharply criticizing the Obama administration for pursuing a civilian court prosecution of two Iraqi men who were arrested in Kentucky recently on charges of involvement in and ongoing support for the insurgency in Iraq.  I think he raises some important questions about when we should prioritize . . .
Read more »

Today’s Headlines and Commentary

By
Wednesday, June 22, 2011 at 9:38 AM

As the House plans to vote on two Libya resolutions (one authorizes the use of force, while another demands an end to U.S. engagement in combat activities), Democratic Whip Steny Hoyer is voicing his opposition to defunding U.S.–and by extension, NATO–activities there. Read more about divisions in Congress over involvement in Libya here. On the . . .
Read more »

Move to Quash Risen Subpoeana

By
Wednesday, June 22, 2011 at 7:20 AM

The invaluable Steve Aftergood, over at Secrecy News, is reporting: Attorneys for New York Times reporter James Risen yesterday asked a court to quash a subpoena requiring him to testify in the case of former CIA officer Jeffrey Sterling, who is accused of leaking classified information to Mr. Risen. “Because the information sought by the Government . . .
Read more »

Kerry-McCain Resolution on Libya [Updated]

By
Tuesday, June 21, 2011 at 6:32 PM

Senators Kerry and McCain, and eight other prominent Senators, introduced a Resolution on Libya today.  The Resolution authorizes the President “to continue the limited use of the United States Armed Forces in Libya,” for one year.  It also states that Congress “does not support” ground forces.  And it requires the President to “consult frequently” with . . .
Read more »

Two Habeas Cases Dismissed

By
Tuesday, June 21, 2011 at 3:34 PM

A few weeks ago, Ben pointed out that two detainees had moved to drop their appeals, with their lawyer essentially calling the cases lost causes. Word comes today that the D.C. Circuit has unsurprisingly granted both Fahmi Salem al-Assani’s and Suleiman Awadh bin Aqil al-Nadhi’s motions to dismiss.

A Way Out of the Libya Conundrum: The Lebanon and Somalia Analogies

By
Tuesday, June 21, 2011 at 2:55 PM

President Obama is in a legal and political pickle concerning his unilateral intervention in Libya.  The mission is much harder than he anticipated, and it has taken much longer (months, not days) than he thought it would.  Congress is growing increasingly unhappy, and belligerent, about the aims and clarity of the mission and the extent . . .
Read more »

SASC Detainee Language: A Quick and Dirty Analysis

By
Tuesday, June 21, 2011 at 12:36 PM

I just got a look at a bootlegged copy of the Senate Armed Services Committee language on detainee matters. The following is a quick and dirty summary–which proceeds in the order the provisions appear in the bill. My bottom line is that the Senate version has many of the same problems as the House language. . . .
Read more »

Two New Opinions From The D.C. Circuit Court Today

By
Tuesday, June 21, 2011 at 11:32 AM

The D.C. Circuit Court this morning handed down two opinions that may be of interest to Lawfare readers. In Ali v. Rumsfeld, Judge Karen LeCraft Henderson delivered the opinion which affirmed the district court’s dismissal. Her opinion was joined by Chief Justice Sentelle; Senior Circuit Judge Edwards dissented. The opinion opens: Four Afghan and five . . .
Read more »

Today’s Headlines and Commentary

By
Tuesday, June 21, 2011 at 10:56 AM

Bobby is quoted in this MSNBC article covering the story that the White House rejected Justice Department advice over the U.S. intervention in Libya. For those who just can’t get enough of Bobby, he will be taking your questions in a live chat on the WPR and Libya on Wednesday at 12:30 over at the Brookings website. . . .
Read more »

U.S. Forces in Libya Use Piloted Planes, Receive “Imminent Danger Pay”

By
Tuesday, June 21, 2011 at 6:37 AM

Charlie Savage reports this morning:  “Since the United States handed control of the air war in Libya to NATO in early April, American warplanes have struck at Libyan air defenses about 60 times, and remotely operated drones have fired missiles at Libyan forces about 30 times, according to military officials.”  This confirms the speculations of Richard Klingler . . .
Read more »

Wrestling with the WPR Clock Issue Raised by Libya: A Primer

By
Monday, June 20, 2011 at 12:10 PM

I’ve written a relatively brief primer on the application of the War Powers Resolution “clock” to Operation Unified Protector (i.e., the war in Libya), and have posted it at Brookings.  After detailed consideration of the arguments that the Administration has made (or that it might have had in mind), some of which are more plausible than is . . .
Read more »

Today’s Headlines and Commentary

By
Monday, June 20, 2011 at 11:31 AM

The New York Times today surveys the current and prospective uses of drones in warfare. Plans are in the works for the House to vote on limiting funding for U.S. military efforts in Libya. The Washington Post editorialized over the weekend on the Obama administration’s interpretation of its involvement in Libya and the War Powers Resolution: . . .
Read more »

Book Review Section Now Live

By
Monday, June 20, 2011 at 7:18 AM

Lawfare’s new book review section is now live. Reviews will appear as a regular posts, but the most recent reviews will also show up listed on the side bar. A page with all of the reviews can be found by clicking the “More Reviews” link on the sidebar. Know of a book you think we . . .
Read more »

Habeas Corpus After 9/11: Confronting America’s New Global Detention System

By
Monday, June 20, 2011 at 6:28 AM

Jonathan Hafetz’s new book on post-September 11 habeas corpus strikes an oddly dissonant chord. The keynote in Habeas Corpus After 9/11: Confronting America’s New Global Detention System is celebratory as to the writ’s role—the now-predictable exultation on the part of the American Left of the role that habeas has played in reining in detention excesses. . . .
Read more »

Senate Armed Services Language on Detainee Matters

By
Sunday, June 19, 2011 at 9:16 AM

The Senate Armed Services Committee announced Friday that it had completed its markup of the National Defense Authorization Act for FY 2012. Committee Chairman Carl Levin, in the press release accompanying the bill, declared that ”The bill contains a bipartisan compromise provision regarding detainee matters that provides a statutory basis for the detention of individuals captured in . . .
Read more »

Site Upgrades, Book Reviews, and Facebook Likes

By
Saturday, June 18, 2011 at 11:34 PM

Lawfare is currently undergoing some technical upgrades to enable our new book review section. The section, as you will see on the sidebar, now exists, but it is empty. That will change as soon as we iron out a few minor kinks. Please bear with us in the meantime. Discerning readers will also notice that . . .
Read more »

President Obama Rejected DOJ and DOD Advice, and Sided with Harold Koh, on War Powers Resolution

By
Friday, June 17, 2011 at 11:38 PM

Charlie Savage has the amazing story that President Obama “rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization.”  The Acting head of the Office of Legal Counsel, Caroline Krass, and . . .
Read more »

Moot

By
Friday, June 17, 2011 at 4:52 PM

The Washington Post and NPR report that the 13-year old case against Osama bin Laden has been dismissed. The Post says that: The government filing lists bin Laden’s alleged crimes, and then states: “On or about May 1, 2011, while this case was still pending, defendant Usama bin Laden was killed in Abbottabad, Pakistan, in . . .
Read more »