Boim v. Holy Land; OSI fellowship; forthcoming scholarship

December 5, 2008

1. Boim v. Holy Land Foundation for Relief & Development (7th Cir. Dec. 3, 2008) (en banc)

Available at: http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1815_083.pdf

The Boim litigation arises out of the murder by Hamas of David Boim, a dual Israeli-American citizen, near Jerusalem in 1996.  Boim’s family brought suit against Muhammad Salah and a series of organizations, arguing that they raised money for Hamas and thereby were subject to civil liability under 18 USC 2333.

The en banc 7th Circuit, in an opinion by Judge Posner, holds confirms this theory of liability.  Among other things, the opinion holds that: Read the rest of this entry »


SCT grants cert in Al-Marri

December 5, 2008

* Al Marri v. Pucciarelli (08-368) – cert granted

The Supreme Court has granted cert in connection with the Fourth Circuit’s splintered en banc decision in Al-Marri, and thus is set to engage the questions whether the 9/18/01 AUMF authorizes—and if so whether the Constitution allows—military detention of a noncitizen seized in the U.S. in connection with allegations of being an al Qaeda agent.

One wonders whether the Court will reach the merits, however.  It is not difficult to imagine the Obama administration deciding to shift Al-Marri back to the civilian criminal justice system to face material support or other charges (to be followed by deportation upon completion of any sentence).  That assumes, of course, that there is sufficient admissible evidence to support that course, which may or may not be the case.