Litigation
826 Articles
Prediction: Fourth Amendment Evolves in 2014
When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Very Summary Account of Judge Pauley’s Opinion on the 215 Telephony Metadata Program
I’ll defer to others for substantive analysis of Judge Pauley’s opinion. To facilitate discussion, however, here is a very abbreviated roadmap of his holdings, based…
Judge Pauley (SDNY) Rules NSA Bulk Telephony Metadata Program is Constitutional
Earlier this month, Judge Leon (D.D.C.) issued a ruling enjoining the NSA metadata program under Section 215 (and then staying his decision pending appeal), noting that the…
Two Quick Reflections on Why al Maqaleh III Matters
Over at Lawfare, Raffaela Wakeman already flagged today’s (unsurprising) D.C. Circuit decision in al Maqaleh v. Hagel, once again dismissing for lack of jurisdiction appeals…
Belhaj v. Straw: UK complicity in US rendition and torture
This morning the United Kingdom’s High Court issued its judgment in a case brought by Abdel-Hakim Belhaj and his wife Fatima Boudchar against the UK’s government and intelligence…
9/11 Case Stalls as Prosecution Moves to Have Detainee’s Competency to Stand Trial Examined [UPDATED]
In quite an unexpected turn of events in the 9/11 case pre-trial motions hearing, this morning’s session came to a screeching stop almost as soon as it started. As I mentioned…
Updates from Today’s 9/11 Case Hearings Before the Military Commission
Today was the second public session of this week’s pre-trial motion hearings in the 9/11 case before the military commission in Guantanamo Bay. As I am sure many readers…
Judge Pohl’s 9/11 Trial Order on the Convention Against Torture and the Accused’s “Observations and Experiences”
On Monday, Thomas reported that Judge Pohl, in the 9/11 military commissions case (United States v. Mohammed et al.), had reportedly “issued several orders lifting the classifying…
What We Don’t Know About Irek Hamidullan
This Washington Post story reports that “[t]he Obama administration is actively considering the use of a military commission in the United States to try a Russian who was…
Does Klayman Need to Cross-Appeal Judge Leon’s Ruling?
In yesterday’s post, I explained why, in my view, the far more vulnerable aspect of Judge Leon’s Monday ruling issuing a preliminary injunction against the bulk telephony…
Judge Leon and the Shocking Scope of the NSA’s Surveillance Program
U.S. District Court Judge Richard Leon’s decision on Monday finding that the NSA’s telephony metadata program is likely unconstitutional is a welcome and important recognition…
Why the Constitutional Holding in Klayman Wasn’t Necessary
24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…