If a capture comes, can calls to send the terrorist to Guantanamo be far behind?
ABC News is reporting that GOP Senators Lindsey Graham, Kelly Ayotte, and Saxby Chambliss are calling for Abu Anas al-Libi to be taken … Read more »
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 »
Wednesday on the Senate floor, three senators spoke about the Obama administration’s decision to prosecute, in a federal court, Osama bin Laden’s son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Republican Senators Kelly Ayotte and Lindsey Graham unsurprisingly opposed this … Read more »
As Ritika notes below, the United States has captured a senior al Qaeda figure (Sulaiman Abu Ghaith, who was the son-in-law of Osama bin Laden), and will be bringing him to the United States for prosecution in civilian court. One … 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 »
This is a big deal.
The district court (in the person of Judge Edward Lodge of the District of Idaho) has entered partial summary judgment for the plaintiffs in Al-Kidd v. Ashcroft. That’s the statutory and constitutional tort action against … Read more »
Yesterday the D.C. Circuit issued its decision in United States v. Mohammed, in which the defendant, Afghan citizen Khan Mohammed, appealed his conviction on narcoterrorism charges stemming from his involvement in a plot to attack a NATO base in … Read more »
Some detainee treatment news here: Attorney General Eric Holder today announced the end of a criminal investigation into the deaths of two detainees while in U.S. custody. No charges will be filed because, according to Holder’s statement, “the admissible evidence … Read more »
An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed–a case that receives little attention, but is in fact quite important. Ahmed is an … Read more »
As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and the judge has now issued an opinion … Read more »
Here is the prepared text, released by the White House, of John Brennan’s speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very interesting Q&A, as soon as I can:… Read more »
This case may have almost nothing to do with national security law. But it has infuriated me ever since, as a Post editorial writer some years back, I spent a lot of time writing about criminal justice issues in Virginia … Read more »
Well, this is timely. The Journal of National Security Law & Policy has just published this 104-page article from David Kris (who recently stepped down as the AAG for the National Security Division at DOJ) titled “Criminal Prosecution as a … Read more »
In response to my post earlier today on Senator McConnell’s call for the defendants in the Kentucky-Iraq case to be transferred to GTMO, the spokesman for DOJ’s National Security Division (Dean Boyd) shares the following information:
“Law enforcement officials conducted
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The major significance of the FBI’s Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in terrorism cases and interprets that … Read more »
Charlie Savage of the New York Times has posted the text of the FBI’s new guidance on Miranda. I’ll post thoughts after I’ve had a chance to digest it.
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A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating.
There is a tendency in this debate to conflate rules of evidentiary admissibility with rules that … Read more »
Evan Perez of the Wall Street Journal has this very interesting piece reporting that “New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed … Read more »