Litigation
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Observations on the Oral Argument in Bond
In light of the current efforts of the United States to ensure that even Syria, a nonparty to the treaty, strictly complies with the prohibitions of the Chemical Weapons Convention–and…
Latest Round of Briefing in ACLU v. Clapper “Telephony Records Program” Case
The ACLU and the Government filed their reply briefs today on their respective motions in the Section 215 “Telephony Records Program” litigation in the Southern District…
The Charles Taylor Appeal & The Scope of Accomplice Liability
I earlier flagged the release of the Charles Taylor appeals judgment. This post deconstructs the opinion more closely in light of the Perišić precedent and also addresses the…
The Solicitor General Should Correct the Record in Clapper
In yesterday’s New York Times, Charlie Savage confirmed something we’ve suspected for some time—that until very recently the Justice Department was failing to provide statutorily…
The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift
Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations. I agree…
The Libya Raid to Capture Abu Anas al-Liby and The Persistence of Memory of Due Process
Now that Abu Anas al-Liby has been brought to the U.S. and may be appearing in court as you read this to face criminal charges, it might be tempting to say that all concerns…
Al-Libi: Nine (or Fewer) Days of AUMF Detention
So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…
The Case of Abu Anas al-Libi: The Domestic Law Issues
It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…
The Case of Abu Anas al-Libi: International Law Q & A
On Saturday, October 5, 2013, the US captured terrorist suspect Nazih Abdul-Hamed al-Ruqai (Abu Anas al-Libi) in Tripoli, Libya, and, reportedly, is now interrogating him on a…
Al-Liby: “Rendition to Justice” under Human Rights and Humanitarian Law
The U.S. government is reportedly holding Abu Anas al-Liby (Nazih Abdul-Hamed al-Ruqai) on a Navy ship following a military-led apprehension in Tripoli on October 5. The capture…
Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
The Capture of Abu Anas al-Liby and the Attack on an al-Shabaab Leader [UPDATED as of Monday morning]
A couple of notes to follow up on Steve’s post [with UPDATES through Monday morning]: Abu Anas al-Liby is alleged to have been a leader in the al Qaeda conspiracy to bomb…