Detention
592 Articles
The D.C. Circuit, Article II, and the Constitutionality of the Guantánamo Transfer Restrictions
When President Obama transferred five Taliban detainees from Guantánamo in exchange for American POW Bowe Bergdahl, forests were felled over whether the Obama Administration…
The Stakes of al-Bahlul, Nine Months Later…
This past Monday marked nine months since the en banc oral argument in al-Bahlul v. United States, in which the D.C. Circuit is considering whether military commissions at Guantánamo…
Fifth Circuit on Extraterritorial Application of Fourth and Fifth Amendments
On the heels of this morning’s Fourth Circuit decision in the Abu Ghraib case comes another significant circuit-level decision–this one from the Fifth Circuit. The…
Fourth Circuit Holds Abu Ghraib Torture Claims Not Barred by Kiobel
Although it will likely be overtaken by the news set to come out of the Supreme Court later this morning, the Fourth Circuit has handed down a very big decision in the ongoing…
Abu Khattalah and the Evolution of Ship-Based Detention
The N.Y. Times reports that Ahmed Abu Khattalah arrived in Washington, D.C., this morning by helicopter following his transport across the Atlantic on a Navy warship. Khattalah,…
The Supreme Court Goes to War:
Hamdi, Padilla, and Rasul at 10
Ten years ago tomorrow, the U.S. Supreme Court handed down its first three decisions in post-September 11 terrorism cases: Hamdi v. Rumsfeld, Rumsfeld v. Padilla, and Rasul v.…
The Constitutional Question the Drone Memo Didn’t—and Couldn’t—Answer
Yesterday’s release of the Office of Legal Counsel’s “drone memo” (which, at some point, we should stop referring to in the singular) has provoked an understandable…
GTMO Transfer Bans Run Amok
A few weeks ago, I wrote about a disturbing provision that was added at the last minute to the Senate Armed Services Committee’s version of the National Defense Authorization…
The Legal Basis for the Abu Khattalah Capture
The capture of Ahmed Abu Khattalah was performed by a joint group of FBI agents and U.S. Special Operations forces. A New York Times story reported an official as saying that…
U.S. Captures Suspected Benghazi “Ringleader” Ahmed abu Khattalah
The breaking news this morning is that the U.S. Special Ops forces have captured Ahmed Abu Khattala, a suspected ringleader of the 2012 attack in Benghazi, Libya. Government…
Clapper to Hagel: Taliban 5 return to battle “will not appreciably change the threat” to US or Afghanistan
Secretary of Defense Chuck Hagel testified before the House Armed Services Committee on Wednesday about the prisoner exchange involving Sgt. Bowe Bergdahl and five Guantanamo detainees…
Interpretation and Retaliation in the Obama Administration
Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement…