By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that … Read more »
By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President … Read more »
According to the AP, President Obama signed H.R. 1540, the National Defense Authorization Act, into law this morning in Hawaii. Below the fold is the text of the signing statement accompanying the bill:… Read more »
As Raffaella mentioned earlier, the Ninth Circuit released three opinions on Thursday relating to class action litigation against the government and major telecommunications companies (AT&T, Verizon, etc.) for the warrantless wiretapping program conducted by the National Security Agency (NSA) under … Read more »
A generally light news day.
Charlie Savage has this terrific piece in the New York Times on the GOP presidential candidate’s views on executive power, based on their responses to a Times survey. The Times is collecting and posting each … Read more »
There’s been a fair amount of media and blog attention to the proposed new rules governing (and substantially widening) the government’s access to communications between military commission defendants and their counsel. The draft order (courtesy of the Miami Herald) … Read more »
Headlines and Commentary took a short respite despite the plethora of goings-on this past week, so brace yourself for a lengthy news roundup today, as we go over some of the stuff you may have missed.
Two French soldiers were shot … Read more »
Joel Brenner’s America the Vulnerable offers the best general-interest treatment I have yet read of this country’s cyber-vulnerabilities. It is elegantly argued, teeming with facts and illuminating anecdotes, sophisticated about technology, and all written with an insider’s understanding of the … Read more »
Fayiz Mohammed Ahmed Al-Kandari has filed a petition for rehearing en banc with the D.C. Circuit Court in his case against the U.S. His singular question is whether the Federal Rules of Evidence apply to habeas corpus cases brought by … Read more »
I’m taking a break from de-ornamenting my Christmas tree (or, more accurately, spreading an astonishing number of dried-out pine needles around my living room) to draw attention to this very interesting piece from Greg Miller at the Washington Post (assissted by Julie … Read more »
A dispatch from the Lawfare North Pole: the White House seems to be using more aggressive language, in opposing Congress’s recent efforts to limit the executive branch’s authority over detainee affairs.
Two days ago, the Administration released a statement on … Read more »
On Thursday, Judge Richard Leon of the U.S. District Court in D.C. issued a little-noticed decision granting dismissal in Al Janko v. Gates. The case is noteworthy, however, because Al Janko–unlike other former detainees who have filed civil suits–“is … Read more »
In September, a team of Dutch virologists announced that they had created a strain of the avian influenza (H5N1) that, at least in lab animals, was as contagious as the seasonal flu. (A team at the University of Wisconsin-Madison has … Read more »
Cully Stimson of the Heritage Foundation, who served as deputy assistant secretary of defense for detainee affairs between 2006 and 2007, writes in with the following thoughtful essay about the Daqduq case:
There is an old saying that only the
With the next semester quickly approaching, I’m going through the annual struggle to decide just how much I want to cover current (national security) events in my first-year Constitutional Law course. This is always difficult for me for several reasons, … Read more »
