Before getting into the run of this week’s show: Congratulations to Steve and Karen on the birth of their daughter!!!
Meanwhile, in the wild wacky world of national security law, what a week it was. We’ve got:
- Zaidan v. Trump – a remarkable district court refusing to dismiss the constitutional claims brought by a U.S. citizen who alleges that he has been placed, erroneously, on the “kill list” based on alleged ties to al Qaeda in Syria.
- Possible expansion of the list of AUMF-covered associated forces to include al Qaeda in the Islamic Maghreb.
- Further delays in Doe v. Mattis, with the hearing on the permissibility of release in Syria now set for July 13 and the hearing on the merits still out there in limbo.
- Rejection of the Lee Amendment (on detainability of U.S. citizens and lawfully-present persons) to the NDAA FY19.
- Denial of en banc review in Hamidullin.
- Periodic reminder that the problem of IS detainees held by the SDF in Syria still is not resolved.
- Baker v. Spath – another remarkable district court ruling, this time finding that the chief defense counsel at GTMO is within the personal jurisdiction of the military commission there, but also concluding that Judge Spath cannot impose a contempt punishment without the involvement of the commission panel.
- Judge Pohl’s scheduling order for the 9/11 military commission trial books up all of 2019 for pre-trial proceedings, meaning that the actual trial is not happening prior to 2020.
- The “power to wage war means the power to wage war successfully,” yes, but for goodness sakes don’t cite Hirabayashi for that much-quoted language!
- Convicted Benghazi conspirator abu Khatallah loses on his bid for a mistrial.
- A quick run-down of other DOJ national security developments this week includes new charges against a man allegedly responsible for leaking the CIA “Vault 7” materials to Wikileaks and also a Wisconsin woman who allegedly hacked the social media accounts of others in order to promote the Islamic State (including sharing Ricin production instructions).
- The Third Circuit issues an important Suspension Clause ruling in Ocasio-Martinez.
- Judge Brinkema rejects a bid by CACI to escape an ATS claim based on a proposed extension of Jesner.
- SCOTUS still hasn’t decided Carpenter, Dalmazzi, or the Travel Ban cases!
- Notes on new developments in City of Chicago (nationwide injunctions) and Hernandez II (cross-border shooting).
- Trumplandia: we punt till next week on the OIG Report and … Space Force!
Whew. Time for someone to go change some diapers!