Judge Walton has released his unclassified opinion in Karim Bostan (ISN 975) v. Obama, denying Bostan’s habeas petition (the decisions appears to have issued in classified form on October 12th). The government had argued that Boston was part of an … Read more »
A whole unruly mess of weekend news to catch up on today.
A deadly attack in Kabul, pulled off by the Haqqani network, killed at least 12 Americans this weekend, according to Joshua Partlow and Greg Jaffe at the Washington … Read more »
Five years ago today, in remarks at the London School of Economics, I provided a comprehensive public statement of the U.S. Government’s views of the international legal framework applicable to the U.S. conflict with al Qaida, informed in part … Read more »
Oral arguments in Lebron v. Rumsfeld took place before the Fourth Circuit on Wednesday. The oral argument audio recording is available here, and my argument preview, with background on the case as well as links to the lower court … Read more »
Mark Erickson, who blogs under the most-unfortunate handle Norwegian Shooter, recently published some correspondence with me concerning his claim that the reported OLC memo reflects Lord Acton-style corruption on the part of its authors. Erickson–who, to be fair, he … Read more »
Milton J. Valencia and Martin Finucane of Boston Globe and Laurel J. Sweet of the Boston Herald report on the opening statements in Tarek Mehanna’s trial, which Bobby discusses here and here. Peter Gelzinis at the Boston Herald has … Read more »
Adding to this year’s judicial cornucopia of Alien Tort Statute decisions on corporate liability, on Tuesday an en banc Ninth Circuit released its long-awaited decision in the even longer-running (eleven years!) Rio Tinto case, ruling that the ATS does not … Read more »
The estimable, if oddly-named, Bmaz of the Empty Wheel blog asks in a Tweet “Why did al-Hajj withdraw his Habeas petition? Did he just give up like others have?” Short answer: I don’t know at this stage. The joint joint … Read more »
I posted a few days ago regarding the Mehanna prosecution, noting that the defense requested a jury instruction on First Amendment issues. It turns out this was a request for three preliminary instructions. The 7-page document is posted here. … Read more »
Judge Lamberth has granted a joint motion by Sharqawi Abdu ali Al-Hajj (ISN 1457) and the government to dismiss al-Hajj’s habeas petition, without prejudice. The one-page order is here. For prior coverage of this case, see here.
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Next week’s London Conference on Cyberspace will include a closed session on international security. Some maintain that the session “could be an early step to some kind of ‘ultimate cyber arms control.’” But on CNN’s Global Public Square blog, … Read more »
Yesterday Harper’s ran a piece by Daniel Swift on drones, criticizing the extensive but selective leaking of details about the CIA drone program. It’s a fair point, resonating with Ken Anderson’s concerns regarding the legitimacy issues that arise with … Read more »
Musa’ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan’s earlier opinion.
The petition presents the following questions:… Read more »
The Washington Post has a story this afternoon in which the Air Force confirms that it is operating armed Reaper drones out of a particular location in Ethiopia. It is an interesting contribution to the larger, ongoing story of America’s … Read more »
On October 12th, Judge Walton denied habeas relief to GTMO detainee Abdul Qader Ahmed Hussein (ISN 690), and the 22-page unclassified opinion is now available here.
I don’t think the opinion breaks any new legal ground (though footnote 11 … Read more »
The Associated Press and Dina Temple-Raston of National Public Radio have the story of Tarek Mehanna’s trial, which began today, and which Bobby discussed here.
Omar Khadr, a Guantanamo Bay detainee, is eligible for repatriation to Canada, reports Paul … Read more »
One of the interesting things about 18 USC 2339B (the 1996 material support law) and 18 USC 2339D (the prohibition on receipt of military-type training from designated foreign terrorist organizations) is that they extend, in theory, to noncitizens whose conduct … Read more »
Reuters has an interesting story about the NSA helping U.S. banks defend against foreign cyber attacks by providing them with “technical expertise.” According to the article, the NSA has already been helping NASDAQ protect against hackers. The government appears to … Read more »
An important case gets underway tomorrow in Boston: the civilian criminal prosecution of Tarek Mehanna, charged with an array of offenses stemming from allegations that he traveled to Yemen in 2004 in an effort to get training so he could … Read more »