Last Tuesday, Judge Vitaliano of the Eastern District of New York dismissed a FOIA suit seeking access to NSC records about the drone program. Ritika already noted the court’s order in the news roundup; this post provides an overview of … Read more »
Earlier today, the government filed its response to Guantanamo detainee Mukhtar Yahia Naji al Warafi’s petition for rehearing en banc before the D.C. Circuit. A panel affirmed al Warafi’s detention in May.
In his petition, Al Warafi argued that the … Read more »
As Raffaela noted this morning, on remand from the Supreme Court’s rejection of the political question doctrine in Zivotofsky v. Clinton, the D.C. Circuit today held that Section 214(d) of the 2003 Foreign Relations Authorization Act, which requires the … Read more »
As Wells noted on Tuesday, the D.C. Circuit granted the government’s petition for rehearing en banc in Al-Bahlul v. United States. This is a very important development, as the full appeals court will now determine whether military commissions may … Read more »
As Wells and Ben wrote yesterday, the D.C. Circuit granted the government’s petition for rehearing en banc in U.S. v. Bahlul. Today, the accused’s counsel asked the court to clarify instructions it issued in granting en banc review.
The D.C. … Read more »
Whoa. This is very big news—though what it means is far less clear.
The D.C. Circuit has granted the government’s petition for rehearing en banc in the military commission case of U.S. v. Al-Bahlul. It thus appears that a majority … Read more »
Remember the Guantanamo detention case of Hentif v. Obama?
In 2011, the government convinced the district court to reject Fadhel Hussein Saleh Hentif’s petition for a writ of habeas corpus. In July of 2012, the district judge noted, on … Read more »
In an interview last weekend, Congressman Mike Rogers, the Chairman of the House Intelligence Committee, gave unambiguous acknowledgment of CIA involvement in drone strikes. The ACLU attached the interview in a letter to the D.C. Circuit in connection with its … Read more »
Congressman Mike Rogers, the Republican Chairmen of the House Intelligence Committee, revealed Sunday on Face the Nation much more than I had previously known about the nature and scope of congressional intelligence committee oversight of the drone program. He also … Read more »
I agree with Ben and Susan that there is little new of substance (but more detail) on imminence and other issues in the DOJ White Paper on targeted killing, and I said as much in my reaction to the White … Read more »
The New York Times has a news analysis piece by this morning the excellent Charlie Savage, which requires a moment’s reflection. Charlie is about as good a reporter as there is out there on Lawfare-related matters, and he has … Read more »
The Guantánamo military commissions yesterday released—after a security review—a pair of important filings by the Office of the Chief Prosecutor (OCP), regarding the ongoing controversy over the conspiracy charges against the five 9/11 defendants. (For background, see our prior coverage … Read more »
Here’s the word from James Connell III, lawyer for 9/11 accused Ammar al-Baluchi. Note his surmise that the “conspiracy charges issue” may not be up for argument before the military commission until later this spring:
Today, the D.C.
… Read more »
What, if anything, do developments in the military commission case of United States v. al-Nashiri portend for Al-Nashiri v. MacDonald, an ongoing, civil challenge to the accused’s war crimes prosecution? The question arises in letters filed in the civil … Read more »
Fresh from a security scrub are these two items in United States v. Mohammed et. al.: first, an Amended Docketing order, wherein Judge James Pohl excises two previously scheduled defense motions to compel discovery from the agenda for … Read more »
We end the evening with this procedural nugget from Jess Bravin of the Wall Street Journal: in Hamdan II, the deadline for the United States to seek en banc review from the D.C. Circuit, or a writ of … Read more »
As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins’s recommendation to withdraw the conspiracy charges against Khalid Sheikh Mohammed and the other 9/11 defendants. Withdrawal, which can be done … Read more »
Remember the Chief Prosecutor’s tactical recommendation to pull standalone conspiracy charges in the 9/11 case—in light of the D.C. Circuit’s analysis in Hamdan II, and the strong likelihood that the same court (or the Supreme Court) would follow … Read more »
As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important role in U.S. litigation. The invocation of … Read more »
Apropos of Charlie Savage’s story (and Bobby’s follow-up) on the government’s litigation tactics in Hamdan and al-Bahlul: assuming the material support and conspiracy charges in those cases indeed are tossed out (through final invalidation by the courts, or through … Read more »