Latest in Detention: Law of: Other
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.
See this letter from Deputy Assistant Secretary of Defense Lietzau, on behalf of Secretary Hagel...
At bottom, it seems increasingly clear that there are two very different accounts out there about what's happening on the ground at Guantánamo--that provided by detainee counsel, and that provided by the government.
Ben has already noted that the United States and Afghahnistan struck a deal to resume the process of handing over the remnants of U.S.
From the Hedges files: attorneys for Senators McCain, Ayotte, and Graham yesterday submitted this reply brief in support of their motion to participate in oral argument before the Second Circuit. (The Hedges plaintiffs had opposed amici's request to take part.)
Interestingly, the Senators' counsel highlight their clients' unique institutional position relative to that of the executive branch:
As the
Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, "Judicial Review for Enemy Fighters: The Court's Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case." (66 Vanderbilt Law Review 101 (2013).) Professor Kent will be guest-posting about the article, so the Readings post will be brief, but we wanted to flag this interesting and provocative analysis of Ex Parte Quirin.
Senators John McCain, Lindsey Graham, and Kelly Ayotte---who jointly filed an amicus brief in the Hedges appeal---are asking for argument time in the coming Second Circuit oral argument.
According to a notation on the Supreme Court's docke
The European Court of Human Rights ("ECHR") today held that Macedonia had violated the rights of Khaled El-Masri. In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspect, and then, among other things, allegedly taken to Afghanistan---where he was interrogated and abused by the CIA. The gist of the Strasbourg-based court's ruling is to confirm Macedonia's complicity and to award El-Masri 60,000 EUR in damages.
The Miami Herald's Carol Rosenberg has coverage http://www.miamiherald.com/2012/12/13/3140224/victim-of-us-rendition-win...
To the day's tally of important national security law filings, add this: the appellees' brief in Hedges v. Obama.
The below comes from the brief's argument section:
Comparing the text of the two enactments shows that the NDAA §1021(b)(2) and the AUMF are not co-extensive, as the district court concluded.
First up: on Monday the Hedges plaintiffs, with the United States' consent, sought additional time with which to file their response brief. (From the docket, it seems the plaintiffs actually had requested the delay a few days prior; the clerk, however, found that these initial filings had violated certain local rules, and thus refused to recognize them.) The Court of Appeals evidently has not acted on the