Bismullah v. Gates (D.C. Cir.)

January 9, 2009

* Bismullah v. Gates (D.C. Cir. Jan. 8, 2009)

The DC Circuit has determined that it no longer has jurisdiction to review Combatant Status Review Tribunal determinations pursuant to the Detainee Treatment Act, on the ground that this aspect of the DTA cannot be severed from the jurisdiction-stripping aspect of the DTA struck down by the Supreme Court in Boumediene.  The full opinion is here:

http://www.scotusblog.com/wp/wp-content/uploads/2009/01/06-1197-1158056.pdf Read the rest of this entry »

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forthcoming scholarship; more on the Senate Armed Services interrogation report

January 9, 2009

1. Forthcoming Scholarship

Our Nation Unhinged:  The Human Consequences of the War on Terror

University of California Press

Peter Jan Honigsberg

Professor of Law

University of San Francisco

honigsbergp@usfca.edu

Abstract: Jose Padilla short-shackled and wearing blackened goggles and earmuffs to block out all light and sound on his way to the dentist. Fifteen-year-old Omar Khadr crying out to an American soldier, “Kill me!” Hunger strikers at Guantánamo being restrained and force-fed through tubes up their nostrils. John Walker Lindh lying naked and blindfolded in a metal container, bound by his hands and feet, in the freezing Afghan winter night. This is the story of the Bush administration’s response to the attacks of September 11, 2001—and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. In this vitally important book, Peter Jan Honigsberg chronicles the black hole of the American judicial system from 2001 to the present, providing an incisive analysis of exactly what we have lost over the past seven years and where we are now headed. Read the rest of this entry »


newly-public OLC memos

January 9, 2009

* Newly-public memos from the Office of Legal Counsel

A fascinating array of OLC memos, ranging in date from November 2001 to March 2004, have just been posted to OLC’s website:

“PROTECTED PERSON” STATUS IN OCCUPIED IRAQ UNDER THE FOURTH GENEVA CONVENTION
(March 18, 2004) (added 1/08/09)

STATUS OF TALIBAN FORCES UNDER ARTICLE 4 OF THE THIRD GENEVA CONVENTION OF 1949
(February 7, 2002) (added 1/08/09)

AUTHORITY OF THE PRESIDENT UNDER DOMESTIC AND INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ
(October 23, 2002) (added 1/08/09)

EFFECT OF A RECENT UNITED NATIONS SECURITY COUNCIL RESOLUTION ON THE AUTHORITY OF THE PRESIDENT UNDER INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ
(November 8, 2002) (added 1/08/09)

WHETHER FALSE STATEMENTS OR OMISSIONS IN IRAQ’S WEAPONS OF MASS DESTRUCTION DECLARATION WOULD CONSTITUTE A “FURTHER MATERIAL BREACH” UNDER U.N. SECURITY COUNCIL RESOLUTION 1441
(December 7, 2002) (added 1/08/09)

LEGALITY OF THE USE OF MILITARY COMMISSIONS TO TRY TERRORISTS
(November 6, 2001) (added 1/08/09)