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 »
In October 1999 I traveled to Mumbai, India’s financial and movie capital, to advance the visit of President Bill Clinton to the subcontinent. Mumbai’s two great five star hotels competed with each other to convince me the President should stay … Read more »
This week’s much-anticipated decision by the First Circuit in Mehanna v. United States, which Matt Danzer summarizes here, offers more guidance on the First Amendment and terrorism than Ben and the always-thoughtful Marty Lederman have suggested. As Ben … Read more »
As Ben previewed yesterday, the First Circuit Court of Appeals, in an opinion written by Judge Bruce M. Selya, affirmed the conviction of Tarek Mehanna on a number of terrorism and false statement charges stemming from a trip … Read more »
We will post a full summary of the First Circuit Court of Appeals’s decision in the case of Tarek Mehanna soon. A brief thought in the interim.
The Mehanna case sparked a big First Amendment debate—on this site between David … Read more »
On Monday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed his reply to the government’s response to his motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his filing, Tsarnaev rejects the government’s claim that the … Read more »
The Washington Post reports comments by Attorney General Eric Holder on the pace of military commissions at a news conference yesterday:
“I think that had we gone along the path that I announced at that time, we would not have
… Read more »
Last Monday, the government filed its response to accused Boston Marathon bomber Dzhokhar Tsarnaev’s motion to vacate the special administrative measures (SAMs) imposed on him and his attorneys. (We previously described the measures and Tsarnaev’s challenge here.) In essence, … Read more »
Big news out of the Second Circuit today: a three-judge panel has affirmed the conviction and life sentence of Ahmed Ghailani, for his role in the U.S. Embassy bombings in 1998.
Ghailani put forth three broad arguments in his appeal: … Read more »
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 »
Last Wednesday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed a motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his motion, Tsarnaev argues that the government has not alleged facts sufficient to justify the measures—essentially … Read more »
From this FBI press release, we learn that Nizar Trabelsi, a Tunisian former professional soccer player-turned Al Qaeda member, has been extradited to the United States after spending the last twelve years imprisoned in Belgium.
Trabelsi was arrested a … Read more »
Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States. Lawfare has covered extensively the ins and outs of this important case, in … Read more »
Some interesting terrorism-prosecution developments over the past few days that are worth noting.
United States v. Mohammed (S.D. Fla.) First, a pair of men (one leaving in Kenya, and the other–who happens to be a naturalized US citizen–living in Saudi … Read more »
Today, the Brookings Institution released a lengthy paper my colleague Daniel Byman and I have been working on for some time, entitled “Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad.” The Brookings release is available here. The full … Read more »
President Obama made two important announcements about aspects of Guantanamo and its detainees in his speech today. These are worth flagging before I pivot and harp on the big problem with the President’s comments about the base and those … Read more »
Attorney General Eric Holder yesterday made these remarks at the University of California Berkeley School of Law’s Commencement. In addition to the normal graduation-speech fare, he said the following:
How we respond to such adversity – as leaders, as lawyers,
… 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
… Read more »
From Harold Koh’s speech to the Oxford Union the other day: the first “obvious” difference between the Bush and Obama administrations is that “the Obama Administration has not treated the post-9/11 conflict as a Global War on Terror to … Read more »