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 »
I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I’d post it in its entirety (below the fold) before replying (also below the fold):
Over at the ACSblog, I have a guest post up on Al-Aulaqi v. Panetta and Ben’s suspicion that the lawsuit will go the way of Arar, Lebron, Doe, and Rasul–with courts holding that there should be … Read more »
Why have victims of alleged governmental misconduct arising out of post-September 11 counter-terrorism policies met with virtually no success thus far in pursuing damages claims arising out of the government’s claimed abuses? It can’t be the lack of merit to … Read more »
Our friends over at Opinio Juris are hosting a neat online symposium discussion of Professor Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. In addition to two posts (so far) … Read more »
Whatever else one might say about Fourth Circuit Judge J. Harvie Wilkinson III, I think it’s safe to describe him as one of the leading contemporary advocates of judicial restraint on the federal appellate bench. After all, it was the … 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 »
The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuses by the U.S. government. The case is … Read more »
Given Ben’s report on the oral argument, today’s fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is hardly surprising. Writing for a … Read more »
I wasn’t able to attend last Friday’s oral argument before the en banc Fourth Circuit in the Abu Ghraib contractor suits (about which we’ve said quite a bit previously). But I thought I’d flag three helpful links for folks who … Read more »
Tomorrow morning, the en banc Fourth Circuit will hear oral argument in the two Abu Ghraib/contractor preemption cases about which we’ve blogged previously. Although there’s a serious question as to the Court of Appeals’ jurisdiction, the heart of the … Read more »
As Jack and Steve have both noted, yesterday the Fourth Circuit issued its opinion in Lebron v. Rumsfeld, the appeal seeking reversal of a district court’s decision denying Jose Padilla declaratory and equitable relief against several current and … Read more »
Jack just flagged the Fourth Circuit’s unanimous 39-page opinion throwing out Lebron v. Rumsfeld–one of the two pending Bivens suits brought by Jose Padilla arising out of his detention (and alleged abuse) as an “enemy combatant.” Although Padilla’s allegations … Read more »
Opinion here. Commentary later, hopefully.
We’ve written previously about the Fourth Circuit’s (upcoming) en banc rehearing of Al-Shimari v. CACI International, Inc. and Al-Quraishi v. L-3 Services, Inc., two decisions in which a three-judge panel threw out state-law tort claims arising out of torture … Read more »
We’ve previously covered the Fourth Circuit’s pair of decisions in September dismissing tort suits against various contractors arising out of claims of torture at various detention facilities in Iraq–including Abu Ghraib. In the cases, Al Shimari v. CACI Int’l, Inc.… Read more »
The full Seventh Circuit has granted the government’s motion to rehear en banc Vance v. Rumsfeld, a suit by two U.S. citizens alleging that they were detained and tortured by U.S. forces in Iraq. The date of oral argument … 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 »
Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court’s dismissal of a Bivens claim against former Secretary … Read more »
The government has moved the Seventh Circuit Court of Appeals to rehear en banc the Vance case, which last month allowed a suit to proceed against former Defense Secretary Donald Rumsfeld by U.S. citizens who claim they were illegally detained … Read more »
Yesterday, the Fourth Circuit announced decisions in Al Shimari v. CACI International and Al-Quraishi v. L-3 Services, Inc. Both cases involved tort suits brought by Iraqi civilians against U.S. military contractors alleged to have engaged in detention and interrogation abuses … Read more »
Judging from his new book, In My Time, former Vice President Dick Cheney probably won’t be participating in the Lawfare 10th Anniversary Project, which is devoted to acknowledging error and second thoughts. But judging from the commentary on … Read more »
In November 2009, the ACLU brought a suit on behalf of an American citizen–Amir Meshal–against two FBI agents and two unnamed officials, alleging the following: that he went to Somalia in 2006, that he fled the fighting there … Read more »
…and guess what? This post is not about any gross factual errors in either of them concerning the legality of detention. Perhaps that’s because neither editorial really deals with the legality of detention, but never mind. I’ll take factually decent … Read more »
I was trying to formulate my mixed feelings about the Vance and Doe decisions when I received the following email from a Lawfare reader. It so totally represents my own uncertainty about the cases that I thought I would just … Read more »
Josh Gerstein at the Politico beat me to the punch with a point I have been meaning to make since looking at the Seventh Circuit’s Vance decision yesterday: The viability of civil cases against former officials for allegations of detention … Read more »
Only days after a U.S. District Court in Washington allowed to proceed a suit by a U.S. citizen who alleged that he had been detained and tortured by U.S. forces in Iraq, the 7th Circuit Court of Appeals has permitted … Read more »
I have only had a chance to skim this lengthy opinion by U.S. District Judge James Gwin allowing a suit against Don Rumsfeld and others to proceed on some counts. But it appears to allege quite remarkable facts. The John … Read more »
Thursday, May 23, 2013
Leading the news: President Obama speaks today at the National Defense University on counterterrorism policy. Many are previewing the speech, including John. According to the New York Times’s Charlie Savage and Peter Baker, Obama will announce more stringent targeting criteria for non-battlefield strikes. This approach will govern the use of force against both citizens and non-citizens.
Here are the Washington … Read more »
