ABA Standing Committee Conference Report on Counterterrorism Detention Alternatives

September 30, 2009

* ABA Standing Committee on Law and National Security,  Conference Report on Counterterrorism Detention Alternatives

Available here.

From the Committee’s description of the project:

In June of this year, a group of thirty-two legal professionals, scholars, and practitioners in the field of national security law gathered for a day-long workshop titled Exploring Counterterrorism Detention Alternatives. The workshop explored current U.S. detention powers under the criminal and military models and considered potential alternative models for the administrative detention of future terrorist suspects. Read the rest of this entry »


cert granted in challenge to the 1996 material support statute (and in two other cases highlighted earlier this week)

September 30, 2009

* Supreme Court grants cert in several of the cases noted in the round-up post from earlier this week

Earlier this week I posted a list of pending (or soon-to-be pending) cert petitions that related in varying ways to national security.  The Court today has announced its decision on a few of these petitions, granting cert in three of them:

First, the Court granted both the petition and the cross petition in Holder v. Humanitarian Law Project, which puts in issue the constitutionality of including terms like service, training, expert advice or assistance, scientific or technical knowledge, and personnel in the definition of “material support or resources.”  This is, in my judgment, an extraordinarily important case.  The material support statute is an important tool in the DOJ counterterrorism arsenal (it presumably would play a major role in enabling DOJ to bring prosecutions against GTMO detainees, for example).   Read the rest of this entry »