Recent Articles
Judge Pohl’s 9/11 Trial Order on the Convention Against Torture and the Accused’s “Observations and Experiences”
On Monday, Thomas reported that Judge Pohl, in the 9/11 military commissions case (United States v. Mohammed et al.), had reportedly “issued several orders lifting the classifying…
What We Don’t Know About Irek Hamidullan
This Washington Post story reports that “[t]he Obama administration is actively considering the use of a military commission in the United States to try a Russian who was…
Does Klayman Need to Cross-Appeal Judge Leon’s Ruling?
In yesterday’s post, I explained why, in my view, the far more vulnerable aspect of Judge Leon’s Monday ruling issuing a preliminary injunction against the bulk telephony…
Judge Leon and the Shocking Scope of the NSA’s Surveillance Program
U.S. District Court Judge Richard Leon’s decision on Monday finding that the NSA’s telephony metadata program is likely unconstitutional is a welcome and important recognition…
News Roundup and Notes: December 18, 2013
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. CIA detention and interrogation…
Why the Constitutional Holding in Klayman Wasn’t Necessary
24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…
Universal Jurisdiction Cases Involving U.S. Defendants
Ruchi Parekh’s recent post on the South African appellate decision on universal jurisdiction suggests that the ruling—which compels the South African authorities to investigate…
The Missing Moral Conscience of U.S. Foreign Policy: Where is the State Department’s Legal Adviser? [Updated]
Later today, the Senate will hold confirmation hearings for Caroline Diane Krass to serve as the CIA’s General Counsel, a position that just recently became vacant. Not letting…
News Roundup and Notes: December 17, 2013
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. NSA surveillance ICYMI,…
Military Commission “Lifts” Provision Classifying “Observations and Experiences”
The pre-trial motions hearing in the 9/11 case (United States v. Mohammed et al.) is back in session this week. Today’s session was in camera and closed (with public…
Judge Leon Enjoins Bulk Metadata Program; Stays Ruling Pending Appeal
Things just got interesting here in D.C. In a ruling issued earlier today, Judge Richard Leon has held that Larry Klayman and Charles Strange have standing to challenge the bulk…
Forced Transfer of Detainees with Diplomatic Assurances Against Ill-Treatment
Two recent developments have brought to the fore the issue of involuntary transfer of detainees to countries where they fear severe mistreatment such as torture or death. The first…