courts
742 Articles
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…
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…
Privacy and Data Collection/Retention in the EU: Villalón Opinion
On Thursday of last week, Advocate General Cruz Villalón (see here for a description of the role of the Advocate General and the non-binding nature of their Opinions) delivered…
International Human Rights Law and Preventive (Security) Detention: A European Exceptionalism?
1. Ryan Goodman is right when he states, in an earlier post on Just Security, that “a significant body of international human rights law clearly permits, and regulates, preventive…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Preview — Hassan v. UK
Tomorrow (December 11, 2013) the Grand Chamber of the European Court of Human Rights (the ECtHR) will hear the case of Hassan v. United Kingdom (Application No. 29750/09). The…
Associated Forces, Material Support, and the Hidden Flaws in Ali v. Obama
As Steve previously noted over at Lawfare, on Tuesday, the D.C. Circuit affirmed the denial of yet another Guantánamo habeas petition in Ali v. Obama. Specifically, the court…
European Court Urged to “Break Conspiracy of Silence” on CIA Black Sites in Europe
On December 3, attorneys for two Guantánamo detainees argued before the European Court of Human Rights that Poland bears responsibility for the torture, disappearance, and unlawful…
NSA SEXINT is the Abuse You’ve All Been Waiting For
In the latest news report based on documents revealed by Edward Snowden, we’ve learned that the NSA creates profiles of porn viewing, online sexual activity and more from its…
Equating Terrorism and Bubonic Plague: Bad for Counterterrorism, Bad for the Constitution
If I were Al Qaeda’s director of propaganda and managed to infiltrate an agent into the American judiciary, I’d want him to exaggerate the terrorist threat and then leverage…
ICRC’s Public Reply Regarding Order to Turn Over Confidential Reports to Military Commission
As readers may recall, on November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo…