As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court’s nine Justices are set to review at their Conference this Friday. I just thought I’d flag it here because two of … Read more »
As Bobby noted previously, Rep. Adam Smith and others are proposing amendments to this year’s NDAA that would make certain changes to the detention-related provisions implemented by last year’s NDAA. Among other things, the Smith Amendment would effectively prohibit the military … Read more »
Writing at Foreign Policy, Chris Rogers of Open Society Foundations criticizes Afghanistan’s plans for a non-criminal detention system (something occurring as part of the process of the U.S. turnover of the DFIP to Afghan control). The critique sounds in both absolute terms … Read more »
Bobby joined Charlie Savage and Jack Healy in querying here whether the U.S. Government might consider asking the Iraqis to extradite Lebanese national Ali Musa Daqduq to the United States. It is not a no-brainer for the United States to … Read more »
I’ve blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military operations overseas—including their alleged complicity in torture and … Read more »
A quick note updating readers on the progress of the draft NDAA FY’13: Chairman McKeon’s bill passed HASC last night in the wee hours. Next stop: the floor, where we are likely to see, among other things, debate over an … Read more »
I have now read the new Seton Hall report to which I linked earlier and I have to say: I am perplexed.
The report’s thesis, in a nutshell, seems to boil down to two propositions: that the D.C. Circuit’s Al Adahi… Read more »
I only just noticed this new report by Mark Denbeaux, Jonathan Hafetz, and an extensive list of others at the Seton Hall University School of Law, entitled “No Hearing Habeas: D.C. Circuit Restricts Meaningful Review. I have not yet read the … Read more »
Georgetown University law professor David Cole has this piece in the New York Review of Books blog. Cole argues:
In closing off yet another avenue of accountability for the wrongs US officials intentionally inflicted on suspects in the “War on
HASC Chairman Buck McKeon today released a draft NDAA for FY ’13, which will head to the full committee for markup on the 9th. The text of the bill as it currently stands is posted here, McKeon’s announcement and … Read more »
Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of … Read more »
Abdul-Rahman Suleiman’s petition for rehearing en banc in the D.C. Circuit Court of Appeals has been denied, as has his petition for rehearing.
Read our prior coverage here.… Read more »
Last week we mentioned that the D.C. Circuit Court had affirmed the District Court’s decision in Mashur Abdullah Muqbel Alsabri’s habeas corpus case. It looked as though the Court was holding off on publishing its opinion so it could be … Read more »
I don’t think today’s Ninth Circuit decision throwing out Jose Padilla’s damages suit against John Yoo is particularly surprising—notwithstanding the typical (albeit utterly and alarmingly inaccurate) trope about the liberal Ninth Circuit. That doesn’t mean that the suit was “baseless” … Read more »
The 9th Circuit Court of Appeals has reversed a district court decision allowing Jose Padilla to sue John Yoo. Writing for a unanimous panel consisting of himself, 9th Circuit Judge N. Randy Smith, and Rebecca R. Pallmeyer, a district judge sitting … Read more »
