courts
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What al Bahlul Says, and What It Means
It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense
The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…
Three Problems With Judge Brown’s Opinion in Tuaua
On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…
D.C. Circuit Rejects Birthright Citizenship for American Samoans
This morning, the D.C. Circuit decided Tuaua v. United States, a case I previewed here back in February that raises the question of whether American Samoans are entitled to…
The apparent end of the “gag orders” for GTMO detainees
Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…
Understanding the “end of war” dispute in the al Warafi habeas case
Attorneys for Mukhtar Yahia Naji al Warafi have filed their reply brief in the habeas action challenging al Warafi’s continued military detention at Guantánamo. As I have previously explained,…
The Substance of the Second Circuit on 215: Four Key Takeaways
[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful. Specifically, it ruled that it was unauthorized by section…
[UPDATED with details and analysis] BREAKING: Second Circuit rules that Section 215 does not authorize telephony bulk collection program
[UPDATED] The opinion is here. Judge Sack’s concurring opinion is here. Because the court rules on statutory grounds, it does not reach the Fourth Amendment questions.…
Warfare and “Judicial Imperialism” in the UK
Last month, British think tank Policy Exchange published a report criticizing the rise of “judicial imperialism” in the context of British military operations, titled Clearing…
Corn and Jenks and Me on
Military Jurisdiction and Article III
For Federal Courts nerds, those with nothing better to do, or both, I thought I’d post links to two pieces of interest arising out of my recently published article, Military…
Letters to the Editor on End-of-War Claims from Guantánamo Detainees
My post from last Thursday has provoked a pair of letters-to-the-editor from lawyers for current and former Guantánamo detainees. Below the fold, I reprint them in full, and…
The Perverse and Unintended Consequences of Serdar Mohammed v. Defence
An important case in the United Kingdom (Serdar Mohammed v. Defence) and a major statement by the UN Human Rights Committee (General Comment 35) come to the wrong legal conclusion:…