Latest in Guantanamo: Litigation: Supreme Court

Transfers, Releases & Resettlements

Washington Post on "Imminence" and Cyber-Attacks

Controversy surrounding the DoJ White Paper on targeting Americans abroad has generated interest and debate about the meaning of "imminence" in the terrorism context, for purposes of self-defense and other legal doctrines.  Similar debates have abounded in the context of WMD threats, especially after the Bush Administration's 2002 National Security Strategy document declared: "We must adapt the concept of imminent threat to the capabilities and objectives of today’s adversaries."

Cyber-attacks raise their own complexities in translating the concept of imminence.  Ellen Nakashima of t

Transfers, Releases & Resettlements

Amicus Brief in Trinidad y Garcia: The Suspension Clause and Transfer to Torture

Back in June, I wrote a fairly lengthy post analyzing the ability of detainees in U.S. custody facing extradition or other involuntary transfer to a foreign sovereign to challenge their transfer pursuant to the federal statute implementing the United States' treaty obligations under the U.N. Convention Against Torture, the Foreign Affairs Reform and Restructuring Act of 1998 (FARRA).

Guantanamo: Litigation: Supreme Court

Cert Briefing Completed in Suleiman

Remember Suleiman v. Obama?  That's the habeas case in which the petitioner had claimed, among other things, that he could not be detained because he was merely a Taliban functionary who never took up arms against the United States.  The district court rejected Suleiman's arguments, as did the court of appeals.  Citing prior decisions, the latter concluded that Taliban membership alone could support detention.  The D.C.


July 17 Constitution Project Event on Boumediene's Legacy

For those D.C.-area Lawfarers interested in continuing the conversation Ben, Bobby, and I had in June about Boumediene's legacy (or lack thereof), the Constitution Project is hosting what promises to be a lively discussion of the topic @ Covington & Burling on Tuesday, July 17, from 12-1:30 p.m.

The panel features former D.C. District Judge James Robertson, Brian Foster from Covington, me, and one more player to be named later.

Subscribe to Lawfare