Litigation
823 Articles
The Shrinking Military Commissions
Yesterday’s news that the Convening Authority for the Guantánamo military commissions has “disapproved the findings and sentence,” and dismissed the charges…
The Three Legal Questions Left Unresolved by al-Libi’s Death
Just 10 days before his trial on terrorism charges was set to begin in Manhattan federal court, accused al Qaeda operative Nazih Abdul-Hamed al-Ruquai, from Libya, better known…
Top 10 National Security Cases to Watch in 2015
In the spirit of the annual taking stock that accompanies the change of year, I thought I would offer my take on the top ten national security cases and themes to watch in the…
Fed Prosecutors: al-Libi Admitted al-Qaeda Membership, Was bin Laden Pen Pal
Nazih Abdul-Hamed al-Ruquai, the alleged al-Qaeda operative from Libya better known by the nomme de guerre Abu Anas al-Libi, has admitted being a charter member of al-Qaeda, according…
The Hicks Military Commission Appeal
Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
National Security Politics in the 114th Congress
Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
Gideon’s Army at Guantanamo
Despite enormous logistical and legal hurdles, defense attorneys for high value detainees at the Guantanamo Bay, Cuba, military prison, say they press on for the judgment of history,…
Belhaj v. Straw: UK Court of Appeal allows torture claims to proceed
The UK Court of Appeal has handed down its judgment (full text) in the case brought by Abdul-Hakim Belhaj and his wife against the UK’s alleged role in their abduction, rendition…
Immunity Doctrines: The Need for a Systemic Approach
It was a pleasure this week to speak on a panel entitled “Chaos & Immunity: Core Crimes & Sitting Heads of States” at the American Branch of the International Law Association’s…
The Blackwater Trial: Part 1 – Two Factual Issues
Earlier this week, a jury in Washington D.C. convicted four Blackwater guards for a shooting at Nisour Square, Baghdad. The sniper Nicholas Slatten was convicted of premeditated…
Samantar v. Yousuf: What Happens Next?
As Beth Van Schaack reported last week, the Supreme Court has called for the views of the Solicitor General in Samantar v. Yousuf, a case raising questions about the immunity of…