courts
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More Problems With Prepublication Review
Editor’s note: This post also appears on Lawfare. Over the weekend, we published an op-ed in the Washington Post about the government’s broken prepublication review process.…
The Over-Complicated Prepublication Review Process
I wanted to quickly flag for readers a great op-ed written by our own Oona Hathaway and Lawfare’s Jack Goldsmith in the Washington Post that dives into how out of control the…
What explains the three-year delay on the Slahi habeas petition?
As Ben Wittes notes over at Lawfare, last week Judge Royce Lamberth denied a motion by habeas petitioner Mohamedou Ould Slahi to require the Department of Defense to expedite…
A FOIA Circuit Split That the Supreme Court Needs To Resolve
On Friday, January 8, the Supreme Court will consider a petition for certiorari in EPIC v. DHS, a lawsuit by the Electronic Privacy and Information Center (EPIC) under the Freedom…
Don’t Forget the Other Legal Issues in the 9/11 Trial
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Why should the Constitution require Article III courts for criminal trials of federal offenses?
[UPDATED for clarification.] Many thanks to Charlie Dunlap for his thoughtful response to my posts (here and here) about al-Bahlul and the Article III question in that case. Our…
Military Commissions and Fairness
My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
Second Circuit Denies Rehearing En Banc in Turkmen; Is Supreme Court Next?
I’ve written before both here and at MSNBC about the Second Circuit’s immensely significant June 17 decision in Turkmen v. Hasty, which recognized a cause of action…
European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance
In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass…
The More Things Stay the Same: Another Week of Military Commission Hearings
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Counting to Six in Al Bahlul IV
I have nothing of substance to add to Marty’s excellent recap of this morning’s en banc D.C. Circuit oral argument in “Al Bahlul IV,” and agree with him entirely that…
Reflections from the en banc al Bahlul oral argument
The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…