Litigation
855 Articles
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…
Judge Leon Enjoins Bulk Metadata Program; Stays Ruling Pending Appeal
Things just got interesting here in D.C. In a ruling issued earlier today, Judge Richard Leon has held that Larry Klayman and Charles Strange have standing to challenge the bulk…
Can §215 Be Used for Content Collection?
At this week’s Senate Judiciary Committee hearing on the National Security Agency’s surveillance authorities, Sen. Patrick Leahy posed a crucial question to the government’s…
Transcript of Oral Argument in ACLU v. Clapper
We’ve finally got a transcript from the Nov. 22 hearing in ACLU v. Clapper, the ACLU’s challenge to the NSA’s mass call-tracking program. The transcript is here. Particularly…
Square Peg, Round Hole – How the FISC has misapplied FISA to Allow for Bulk Metadata Collection
The recent treasure trove of NSA documents released by the Office of the Director of National Intelligence included an opinion by the Foreign Intelligence Surveillance Court that…
The FISC’s Problematic Pen/Trap Opinion on Bulk Internet Metadata Collection
The latest round of Foreign Intelligence Surveillance Court opinions released under the Freedom of Information Act includes what, for many surveillance wonks, has been the white…
Dahlia Lithwick and Me on Why Metadata Matters
I suspect we’ll have a lot more to say about today’s oral argument in New York in the ACLU’s challenge to the government’s “telephony metadata”…
New FISC Pen Register Opinion: It’s Just a Matter of Time Before Somebody Gets Hurt
Once again, the NSA has conducted illegal spying. New documents reveal the National Security Agency’s (NSA) systemic violation of Foreign Intelligence Surveillance Court (FISC)…