Litigation
840 Articles
The Shrinking Military Commissions, Redux
Back in January, I wrote a post about the Convening Authority’s decision to “disapprove” the findings and sentence in the Guantánamo military commission trial…
Authorization vs. Regulation of Detention: What Serdar Mohammed v. MoD Got Right and Wrong
The UK Court of Appeal will soon hear the appeal in Serdar Mohammed v. Ministry of Defense, a highly important case in which the UK High Court held that the long-term detention…
UK Court of Appeal to assess legality of detentions in Afghanistan
Next week, the United Kingdom Court of Appeal will begin to hear arguments in the government’s appeal against the High Court ruling in Serdar Mohammed v Ministry of Defense.…
The D.C. Circuit, Samoan Citizenship, and the Insular Cases
Much has already been written about next Tuesday’s D.C. Circuit argument in In re al-Nashiri, an important case arising out of the Guantánamo military commissions. The…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
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. …