Latest in Interrogation: Interrogation Abuses: Civil Liability

Secrecy: State Secrets Privilege: Litigation

Bivens and/as Immunity: Richard Klingler Responds on Al-Aulaqi--and I Reply

I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I'd post it in its entirety (below the fold) before replying (also below the fold):

Richard writes:

Steve’s post arguing that courts should recognize Bivens actions seeking damages from military officials based on wartime operations, including the drone strikes at issue in al-Aulaqi v.

Civil Liberties and Constitutional Rights

The New National Security Canon

Why have victims of alleged governmental misconduct arising out of post-September 11 counter-terrorism policies met with virtually no success thus far in pursuing damages claims arising out of the government’s claimed abuses? It can't be the lack of merit to the allegations; virtually all of these lawsuits are being jettisoned at the motion-to-dismiss stage, a point at which we're supposed to assume that the plaintiff's allegations are, in fact, true. Instead, as in the D.C.

Interrogation

Judge Wilkinson and the Irony of "Judicial Restraint" in Al-Shimari

Whatever else one might say about Fourth Circuit Judge J. Harvie Wilkinson III, I think it's safe to describe him as one of the leading contemporary advocates of judicial restraint on the federal appellate bench. After all, it was the same noted conservative jurist who raised many eyebrows in 2009 when he attacked the conservative majority of the Supreme Court for its Second Amendment decision in Heller v.

Interrogation: Interrogation Abuses: Civil Liability

En Banc Fourth Circuit Dismisses Contractors' Appeals in Abu Ghraib Torture Suit

I've blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military operations overseas--including their alleged complicity in torture and other prisoner abuse at Abu Ghraib and elsewhere.

Detention & Guantanamo

Oral Argument Yesterday in Doe v. Rumsfeld [Updated]

The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuses by the U.S. government. The case is similar to Lebron v. Rumsfeld and Vance v. Rumsfeld, two recent Bivens cases brought by U.S.-citizen plaintiffs.

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