Thanks to forensic software, investigators usually do not need to seize all of the data on a computer and can instead selectively copy portions for later analysis and use at trial. This raises the question: did the FBI violate the Fourth Amendment in seizing Huma Abedin’s emails instead of confining the seizure to Anthony Weiner’s communications?
Latest in Criminal Law: Procedural
The Second Circuit's decision in United States v. Ganias attests to the need for courts to consider technological alternatives to sweeping Fourth Amendment seizures of electronic data.
Jury selection in the trial of accused Boston Marathon bomber Dzhokhar Tsarnaev has dragged on for over a month. Since January 5, over 150 potential jurors have been questioned, and still the judge proceeds haltingly through a pool filled with preconceptions about Tsarnaev’s guilt and fury at what the bombing’s perpetrators.
Wells already flagged yesterday's D.D.C. decision by Judge Roberts, refusing to enjoin Abd Al Rahim Hussayn Muhammad Al Nashiri's impending trial by military commission, and abstaining from reaching the merits of his habeas petition until and unless he's convicted and is unsuccessful in the direct post-conviction appeal provided by the Military Commissions Act.
James Connell III, lawyer for 9/11 accused Ammar al-Baluchi, had this to say today:
Today your correspondent returns to Fort Meade, to take in CCTV-broadcasted, pre-trial hearings in the military commission case of United States v. Al-Nashiri. The hearing gets underway at Guantanamo at 0900. As always, we'll post dispatches on the day's events, in our "Events Coverage" section. You'll find links to those posts below, too.
8/4 Session #1: A New Judge, Part One
8/4 Session #2: A New Judge, Part Two
I am thumbing through the long-awaited and seemingly split ruling, which opens as follows:
Opinion for the court filed by Circuit Judge HENDERSON.
Concurring opinion filed by Circuit Judge HENDERSON.
Opinion concurring in the judgment in part and dissenting filed by Circuit Judge ROGERS.
Such was the exceedingly unshocking result of this morning's exceedingly brief detention hearing in the criminal case against Ahmed Abu Khattala.
You've likely heard: Abd al-Rahim al-Nashiri, a Guantanamo detainee facing capital military commission charges, last month mounted a new habeas challenge in the district court for D.C.
My very first Lawfare post, back in December 2011, focused on the messy constitutional question raised by United States v. Ali—a case then pending before the Court of Appeals for the Armed Forces that raised the constitutionality of subjecting civilian military contractors to military, rather than civilian, trials.