Litigation
823 Articles
DOJ and ODNI Support the Senate Version of the USA FREEDOM Act
The headline won’t surprise those who have been following the surveillance reform debate. But on August 19, Senate Judiciary Committee Chairman Leahy sent a letter to Attorney…
Rosenberg vs. Pasha: Distinguishing Two Questions of Foreign Official Immunity
Last week, I responded to my friend John Bellinger’s comments about the district court’s ruling on foreign official immunity in the Singh case. John has a new post at Lawfare…
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Cert. petition in Ali accepts Justice Breyer’s invitation
As I posted back in April, Justice Breyer issued a statement respecting denial of certiorari in the case of Hussain v. Obama in which he more or less invited Guantánamo habeas…
Fast and Furious: Mixed Ruling in Oversight Committee v. Holder
This week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Holder, ongoing litigation in federal court in the District of Columbia. After the House…
Medical Repatriation of Aging Guantanamo Detainees: The case of Al-Adahi
Mohammed Al-Adahi, a Yemeni national who has been detained at Guantanamo for more than 12 years and was approved for conditional release in 2010, has been described by his lawyers…
Deferential D.C. Circuit Upholds Genital Searches at Guantánamo
I’ve written before about the potential significance of the Guantánamo “counsel access” case—Hatim v. Obama–which raised the question of whether…
European Court of Human Rights rules against Poland in CIA “black site” case
The European Court of Human Rights has handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Abu Zubaydah v. Poland. The cases were brought…
Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?
I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…
What’s Left of Hamdan II? Quite a Lot, Actually…
Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…
al Bahlul and the Future of “Domestic Law-of-War Offenses” in Military Commissions
As Steve wrote on Monday, the long-awaited en banc decision by the U.S. Court of Appeals for the D.C. Circuit in al Bahlul v. United States leaves unanswered many of the questions…
DOJ Files Opening Brief in Klayman Appeal
It’s been some time since we’ve discussed developments related to the Section 215 telephony metadata program. More attention of late has been focused on Section 702…