Litigation
855 Articles
Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified
As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…
Letter to the Editor from Gabor Rona, On Justice Breyer’s Concurrence in Hussain
If Justice Breyer’s statement is a sign that the Supreme Court may now be willing to wrest its “war on terror” role back from the DC Circuit, it may be due…
Justice Breyer’s Concurrence in Hussain
As Marty predicted back in March, the Supreme Court’s denial of certiorari this morning in the latest Guantánamo case to reach the Court–Hussain v. Obama–came…
In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense
To say it has been an eventful week for the military commissions in Guantanamo might be an understatement. As Ruchi has covered each morning this week in the Early Edition, the…
Fourth Circuit Upholds Contempt Against Lavabit, Doesn’t Decide Gov’t Access to Encryption Keys
Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and…
GTMO Case to Watch in the Supreme Court [UPDATED]
The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638. The Court will consider the case for the fourth…
Huawei Hacking is a Security Scandal
You probably won’t be surprised to learn that people who are neither naïve nor who hate freedom can reasonably disagree with Edward Lucas and his post from this morning…
International Proscriptions on Mass Surveillance (or What’s Missing in the Greenwald vs. Wittes Debate)
[Editor’s Note: On Tuesday, Ben Wittes and Ashley Deeks over at Lawfare replied to the following post. And Ryan has since posted a rejoinder to Ben and Ashley.] This weekend’s…
The So-Called Huawei Scandal and the Snowden Operation
We should spy on China. And Russia. And Iran. And plenty of other countries too. They are our political, diplomatic and economic competitors and enemies. And they spy on us. If…
Constitutional Conflict & Congressional Oversight
This week has seen a long-smoldering Senate investigation of CIA torture allegations burst into a public conflagration between the CIA and the Senate Select Committee on Intelligence.…
Crime, Sentencing and the War on Terror: Further Thoughts on the Al Darbi Plea
Last month, Ahmed Muhammed Haza al Darbi became the sixth Guantanamo detainee to plead guilty to war crimes before a military commission. The U.S. has accused al Darbi of various…
ACLU Takes Phone-Records Challenge to Appeals Court
The ACLU has just filed its opening brief in the Second Circuit in its challenge to the NSA’s phone-records program. The brief—the first appellate brief to be filed in any…