Detention
592 Articles
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…
Abstention and the “Other” D.C. Circuit Military Commission Appeal
Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
We Don’t Need to Broaden Military Commissions’ Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…
The President’s NDAA signing statement re: GTMO and anti-torture provisions
The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…
Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
No War Crime? No War Crimes Trial!
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Why Al Bahlul IV Won’t Matter
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…
Previewing Next Tuesday’s Oral Argument in “Al Bahlul IV”
Editor’s Note: This is the first post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Belhaj v. Straw: UK Supreme Court Hearing Case on UK Complicity in US Rendition and Torture
The United Kingdom Supreme Court heard arguments this week in two critical cases concerning the UK’s role in the United States’ rendition, detention, and interrogation efforts…