Litigation
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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…
Significant Fast & Furious Opinion in Oversight Committee v. Holder
On Monday, a federal district court refused to dismiss the congressional civil contempt action in Committee on Oversight and Government Reform v. Holder (“Holder”). This opinion…
Al Bahlul Argument Post-Mortem
If one thing was clear from this morning’s oral argument before the en banc D.C. Circuit in al-Bahlul v. United States, it was the consistent skepticism from at least five…
The Other, Lurking Constitutional Question in al-Bahlul
I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post: Besides ex post…
Preview — Al Bahlul in the D.C. Circuit: The Fate of Military Commissions at Guantánamo
On Monday, September 30, the D.C. Circuit, sitting en banc, will hear argument in al Bahlul v. United States – a case definitely worth watching. The immediate question is whether…
Charles Taylor Verdict Today: New Standard of Liability for Aid to Rebel Forces?
The Appeals Chamber of the Special Court for Sierra Leone (SCSL) today unanimously upheld the conviction and 50-year sentence of former Liberian President Charles Taylor for aiding…
Are Internet Backbone Pen Registers Constitutional?
Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…
The Deeper Lesson from Terrorist Expatriation Proposals
[Note: The following post is derived from remarks prepared for last Friday’s symposium on “Citizenship, Immigration and National Security After 9/11,” sponsored by the Fordham…