From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions?
Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; … Read more »
Today defense counsel to Mustafa al Hawsawi in United States v. Mohammed et al, the 9/11 case, delivered this letter to President Obama. It requests that details of the rendition, detention and interrogation program be declassified in accordance with … Read more »
Understandably lost in this week’s Supreme Court news was a somewhat surprising–and, in my view, welcome–dissent by Justice Thomas from the denial of certiorari in Lanus ex rel. Lanus v. United States. In his two-page dissent, Justice Thomas … Read more »
On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo. You can find audio recordings of the arguments here and here, respectively.
By way of overview, Hamad is a … Read more »
From Harold Koh’s speech to the Oxford Union the other day:
Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sake of
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Now available in redacted form: the government’s opposition brief and the defendant’s reply in United States v. Ghailani, a criminal case arising from the 1998 bombing of U.S. embassies in Kenya and Tanzania, and now pending before the Second Circuit. … Read more »
Brian Foster of Covington & Burling, responds to my comments on his earlier guest post as follows:
I don’t derive a double standard merely from your sympathy for the instinct behind the Latif majority’s factual assessment. I’m focusing on the
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Jess Bravin of the Wall Street Journal, the author of the recent book, The Terror Courts: Rough Justice at Guantanamo Bay, has posted the following statement on the Facebook page associated with his new book (I have taken … Read more »
Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman—and the case of his former client, Adnan Latif:
I’m interested in the basis and
… Read more »
It took only a few minutes from the time I posted my defense of CIA lawyer Jonathan Fredman last night for Marcy Wheeler (aka emptywheel) to begin tweeting bile against both Fredman and me. She used words like “criminal” and … Read more »
The quotation is apparently too sexy to resist—too sexy even to Google its speaker’s name before running with it. A single Google search would, after all, yield this article by Stuart Taylor Jr. in National Journal—an article that should … Read more »
Wells blogged previously about the efforts of various media groups and the ACLU to seek mandamus review before the Court of Military Commission Review (CMCR), challenging the scope of the protective order (which covers, among other things, the 9/11 trial) … Read more »
Ritika already posted about AEI’s panel yesterday on Zero Dark Thirty, along with a link to the video of the proceedings. Given the composition of the panel, one can hardly be surprised by overall tenor of the AEI … Read more »
A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases. I’m very pleased to say that the published version of … Read more »
Under the snazzy headline “Renditions continue under Obama, despite due-process concerns,” today’s Washington Post has a long article on the overseas arrest, detention, and subsequent criminal indictment in New York (civilian) federal court of three “European men with Somali roots.” … Read more »
The European Court of Human Rights (“ECHR”) today held that Macedonia had violated the rights of Khaled El-Masri. In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspect, and then, among other things, allegedly taken to Afghanistan—where … Read more »
No, you didn’t read that wrong. And no, this isn’t an episode of South Park.
The Center for Constitutional Rights and the Canadian Centre for International Justice have filed a complaint with the Geneva-based U.N. Committee Against Torture—which oversees compliance … Read more »
A sharply-divide en banc Seventh Circuit Court of Appeals has handed down its opinion in Vance v. Rumsefeld, reversing a panel decision to allow a suit by American citizens alleging detention and torture by U.S. forces in Iraq. Writing … Read more »
Tom Malinowski of Human Rights Watch writes in with the following comments in response to my recent post on Human Rights Watch’s new allegations of water boarding by the CIA:
I’m shocked that you’re shocked!
Seriously, what’s surprised me over
… Read more »
The New York Times has the story here about this new Human Rights Watch report concerning the handling of Libyan detainees transferred to Libyan custody after 2004. I haven’t read the report yet–by Laura Pitter–and, in general, my interest level … Read more »