Guantanamo
366 Articles
What You Should Know–and Why You Should Care–About the Latest Guantánamo Litigation
It’s been well over three years since Linda Greenhouse, writing for the New York Times, attributed the Supreme Court’s refusal to take any new cases from Guantánamo…
Force Feeding at Guantanamo and Judge Gladys Kessler
In his commencement address at West Point on May 28, President Obama said, “What makes [America] exceptional is not our ability to flout international norms and the rule of law,…
al Bihani is third successful GTMO detainee before PRB; SecDef considering transfer of six others to Uruguay
Two weeks ago, the GTMO Periodic Review Board determined that continued law-of-war detention of Ghaleb Nassar al Bihani “is no longer necessary to protect against a continuing…
NDAA Followup: Outcome on Amendments a Mixed Bag
Here’s a quick follow-up on what happened to the five proposed amendments to the House version of the FY2015 National Defense Authorization Act (NDAA) that I flagged yesterday.…
5 Key NDAA Amendments to Watch For
Congress is considering the National Defense Authorization Act this week, and several proposed amendments in the House to this annual authorization bill would have significant…
United States War Crimes Statute & Sri Lanka
Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
Where is al-Bahlul??
I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
The D.C. District Court’s Power to Hear the New Nashiri Suit
As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…
Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein
A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
Hussain and AUMF Repeal
In light of the ongoing discussion regarding Justice Breyer’s interesting statement regarding denial of certiorari in Hussain, I thought I’d flag a separate, but related,…
Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?
Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…
Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified
As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…