Peter Margulies of Roger Williams School of Law writes in with the following thoughts on the First Circuit briefing in the Tarek Mehanna appeal:
The federal material support statute forces courts and juries to distinguish independent speech that supports terrorism
Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping program on the ongoing litigation in Hedges v. Obama. (Steve made a … Read more »
Peter Margulies of Roger Williams School of Law writes in with the following comments on yesterday’s Clapper decision:
The Supreme Court’s decision Tuesday in Clapper v. Amnesty International reads at first like a substantial narrowing of standing doctrine. However, closer
Peter Margulies of Roger Williams School of Law writes in from The Hague with the following account of the Boundaries of the Battlefield symposium he has been attending there:
Although some members of Congress speak of criminal justice as a
Peter Margulies of Roger Williams School of Law, writes in with the following preview of the coming Tarek Mehanna appeal. The Mehanna case was the subject of this earlier exchange between Margulies and David Cole.
Terrorism’s on-line profile has triggered
In the category of shameless self-promotion, I am quite pleased to announce the publication of National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. The book is a joint publication of the ABA Standing Committee on … Read more »
Peter Margulies of Roger Williams School of Law writes in with the following comments on the Hamdan decision:
The D.C. Circuit’s decision today in Hamdan reaches the right result, but employs an unduly stark test that misreads both international law
Here’s a timely new article as the D.C. Circuit considers the military commission appeals in Hamdan and Bahlul–both of which challenge convictions based on, among other charges, material support for terrorism. Peter Margulies of Roger Williams School of Law … Read more »
Peter Margulies of Roger Williams University School of Law writes in with the following summary of a recent Naval War College and Roger Williams workshop:
John Brennan’s recent speech on targeting away from the battlefield has spawned controversy among distinguished
David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent. I will therefore wait, before expressing an opinion, to see … Read more »
Peter Margulies of Roger Williams University School of Law writes in with the following response to David Cole’s recent article on the Tarek Mehanna case:
While David Cole’s passionate defense of the First Amendment is always welcome, David overshoots
As Raffaela has already noted, the European Court of Human Rights unanimously ruled this morning that Abu Hamza al-Masri and four other wanted terrorism suspects may be extradited from the United Kingdom to the United States. (Additional reporting on … Read more »
Peter Margulies responds to Jameel Jaffer’s response:
I appreciate Jameel’s response to my earlier post, as I appreciate the work that he and the ACLU have done in promoting transparency. However, Jameel’s response largely reinforces my argument. First, Jameel
The ACLU’s Jameel Jaffer responds to Peter Margulies’ post yesterday on “moving the goal posts”:
Peter is mistaken. We filed that suit because we thought the photos would help the public understand what had happened in the detention centers. We
Peter Margulies writes in with this response to my request for examples of NGOs moving the goalposts in their demands about counterterrorism legal policy.
Administration critics “moved the goal posts” in responding to the Obama administration’s successful efforts to prevent
Peter Margulies of Roger Williams School of Law has this article on proposed amendments to the Freedom of Information Act (FOIA). It opens:
The Obama administration asked Congress to amend the Freedom of Information Act (FOIA) last week to respond
Peter Margulies writes in with the following analysis of British proposals to reform the European Court of Human Rights:
The European Court of Human Rights has increasingly become a tribunal pushing back against international counterterrorism efforts. While in some cases
Peter Margulies finishes his dispatches from AALS with this meditation on Harold Koh, Ted Williams, and Joe DiMaggio. Whether he will survive up there in Red Sox Country after this piece of public heresy is, I suspect, open to question. … Read more »
Peter Margulies’s reporting on AALS panels continues with this dispatch:
Libya and Presidential Power
Presidential war powers were debated at the AALS conference that spurred my recent posts on detention and military commissions. The Libyan intervention elicited disagreement peeking
Here is Part II of Peter Margulies’s reporting from AALS:
AALS Federal Courts Debate II: Military Commissions and Material Support
The lively federal courts panel at the American Association of Law Schools conference also sparked disagreement on trials in military
Peter Margulies of Roger Williams University School of Law has sent in two accounts of panel discussions at the annual meeting of the American Association of Law Schools. Here is the first:
Federal Courts and National Security: A D.C. Circuit
Peter Margulies of the Roger Williams School of Law writes in with the following comments on the implications of the NDAA for extradition efforts:
September 11 made clear that “too many cooks” are not only bad for broth, but fatal
Peter Margulies of Roger Williams Law School writes in with the following critique of the Latif decision and praise of Judge David Tatel’s dissent. While I don’t agree with every aspect of this analysis, I agree with a great deal … Read more »
Peter Margulies writes in with an excellent summary of what sounds like a fascinating conference Friday at Boston University:
BU’s conf. Friday on the “Long War” in Afghanistan and Pakistan featured good news and bad news. The conference, co-sponsored by
Kevin Heller (Melbourne) writes in with a response to last night’s post from Peter Margulies on the CMCR decision in Al-Bahlul:
Peter Margulies is absolutely right that I ignore the factual differences between Hamdan and al-Bahlul. But that
Peter Margulies (Roger Williams) takes up one of the central issues addressed in the CMCR’s decision last Friday in al-Bahlul:
Material support charges in military commissions illustrate the perils of painting with a broad brush. In United States v.
Joseph Margulies is a professor at Northwestern Law School who serves as the associate director of the MacArthur Justice Center. Joseph served as counsel of record on behalf of the detainees in Rasul and Munaf, and currently is counsel … Read more »
The following is a guest post from Peter Margulies (Roger Williams Law), reporting highlights from the Naval War College’s International Law Conference 2011 (“Non-International Armed Conflict in the 21st Century”). Note in particular the exchange relating to whether U.S. Command … Read more »
In fulfillment of my promise last week to provide analysis of the various pieces of new Senate legislation, here are some thoughts on the new version of Senator Lindsey Graham’s habeas reform bill. The bill is largely a reintroduction … Read more »
I received the following email today from Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, following his reading of Detention and Denial: The Case for Candor After Guantanamo:
Detention and Denial is a notably
In response to my call the other day for readers to poke holes in what seems to me an interesting state secrets argument, Peter Margulies wrote in with the following (I have edited his note slightly to get rid of … Read more »
Steve Vladeck responds to Peter Margulies’ latest comments on S. 3707:
At the outset, it’s worth emphasizing that my concerns with S. 3707 with regard to the provisions relating to judicial review of military commissions pale in comparison to
Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, who previously offered these comments and these comments on S. 3707, weighs in on the bill’s mandatory stays to habeas challenges to military commission proceedings. He … Read more »
Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, who previously offered these comments on S. 3707 and future dangerousness weighs in on the bill’s transfer provisions as well. He largely defends the provision but suggests … Read more »
Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, kicks off our discussion of S. 3707 with some very-thoughtful comments on future dangerousness and the bill’s bar on claims of post-capture vitiation. I have added some … Read more »
Friday, May 17, 2013
The Department of Justice’s Inspector General released an interim report on the Department’s handling of “known or suspected” terrorists who have entered the government’s witness protection program. The report found, among other things, that information on some program participants had not been turned over to no-fly list authorities; and, that two such people could not be located—though one… Read more »
