Latest in Detention: Law of: Other

Surveillance: NSA Warrantless Wiretapping

Motions on Clapper's Implications for Standing in the Hedges Second Circuit Appeal

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.

Detention: Law of

DOD Responds--Cryptically--to CCR Hunger Strike Letter

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.

Detention & Guantanamo

More from Senate Amici on Oral Argument in Hedges

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

Detention: Law of: Other

Readings: Andrew Kent on Ex Parte Quirin

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.

Interrogation: Abuses

El-Masri Awarded Damages by ECHR

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...

Guantanamo: Litigation

Two Developments in Hedges

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

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