Next Thursday, the Supreme Court will decide whether or not to grant certiorari in United States v. Ali–the case in which the highest court in the military justice system, the Court of Appeals for the Armed Forces (CAAF), unanimously … Read more »
As the recent decisions by the Court of Military Commission Review (CMCR) in the Guantánamo military commission ACLU/media access cases suggests, there are a host of complicated and heretofore unresolved questions about the scope of appellate and collateral review of … Read more »
Yesterday, we posted the government’s supplemental brief in the Al Bahlul military commission appeal in the D.C. Circuit, the headline of which was the government’s concession that Judge Kavanaugh’s opinion for the Court of Appeals in Hamdan II requires reversal … Read more »
In his post on yesterday’s decision in (what I think we should all call) Hamdan II, Jack writes “The historical arguments for a conspiracy charge in military commissions under the laws of war, while not slam dunks, are . … Read more »
Raff already shared the news re: this morning’s D.C. Circuit decision reversing Salim Hamdan’s military commission conviction for providing material support to terrorism (MST), holding that MST wasn’t a recognized violation of the laws of war prior to 2006 (when … Read more »
Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents’ worth here.
Again, it is anyone’s guess how … Read more »
Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I’ll spare readers from a comprehensive account of … Read more »
Further to my post from last Thursday on the Ex Post Facto Clause issue in the Nashiri prosecution, Haridimos Thravalos has sent in a response, which I’ve posted in its entirety below the fold. I’ll have a couple of reactions … Read more »
Notwithstanding the Lawfare love-in, I’m a bit troubled by one of the threads that appeared to emerge from the argument in Nashiri over whether conspiracy is a recognized violation of the laws of war. Based on Ben’s summary, it … Read more »
I received this evening a most extraordinary guest post. It isn’t every day that someone sends me a memo outlining how a four-justice plurality of the Supreme Court got a key historical point wrong in a major case–much less does … 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 »
