Litigation

Today, April 22, marks the six-month anniversary of the oral argument before the D.C. Circuit in al Bahlul v. United States, by far the most significant constitutional challenge…

On March 10, 2015, represented by the ACLU, the Wikimedia Foundation and eight co-plaintiffs filed suit against the NSA, the Justice Department, and others, over the mass search…

Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the…

Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…

Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…

UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…

This week, the Wikimedia Foundation, sued the NSA over surveillance efforts taking place on US soil, specifically the “upstream” collection of Internet data in an effort to…

On Monday, the US Supreme Court denied certiorari in Samantar v. Yousuf, ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing…

This morning, the organization behind Wikipedia, the Wikimedia Foundation, sued the NSA, the Office of the Director of National Intelligence, the Justice Department, and their…

At year’s end, I examined here the possible legal significance of the President’s declaration on December 28 that “our combat mission in Afghanistan is ending,…

Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…

[Editor’s note: This post was originally published at 9:00 PM E.S.T. on February 22, 2015] Two weeks ago, I reported here that the prosecution had submitted motions to the…