United States v. Alishtari (S.D.N.Y. Apr. 19, 2010)

April 20, 2010

* United States v. Alishtari (S.D.N.Y. Apr. 19, 2010)

A defendant in a terrorism finance/wire fraud case yesterday received a 121 month prison sentence. Details from the press release appear below:

NEW YORK – Preet Bharara, the U.S. Attorney for the Southern District of New York, announced that Abdul Tawala Ibn Ali Alishtari was sentenced today in Manhattan federal court to 121 months in prison after previously pleading guilty to charges of terrorism financing and conspiracy to commit wire fraud. The sentence was imposed by U.S. District Judge Alvin K. Hellerstein.

According to the information to which Alishtari pleaded guilty, other publicly filed documents and statements made during Alishtari’s guilty plea and sentencing proceedings: Read the rest of this entry »


ABA SCOLANS Law Student Writing Competition

April 20, 2010

* ABA Standing Committee on Law and National Security Student Writing Competition

Please see the attached document, and circulate to anyone who you think might be interested!

YOUNG LAWYERS Writing Competition 2010.pdf


upcoming events

April 16, 2010

* Upcoming Events

Thanks to the ABA Standing Committee on Law and National Security for highlighting these two very interesting upcoming events (see attached flyers)

1. Legal Issues Related to Targeted Killings – Thursday, April 22 – 5:00-7:00 p.m. – Reserve Officers Association Building, One Constitution Avenue, NE – free, RSVP required – details on attached flyer.

2. Controversy and Developments in the Law of Armed Conflict – Customary vs. Treaty Law; Law of the Sea Manual; Manual on International Law Applicable to Air and Missile Warfare – Friday, April 23 – 9:00 a.m. – 5:00 p.m. – sponsored by the Catholic University of America Columbus School of Law. Registration is required – details on attached flyer.

Law of Armed Conflict.pdf

Drones flyer 1.pdf


United States v. DeFreitas (E.D. N.Y. Mar. 24, 2010)

April 16, 2010

In the opinion below, concerning a plot to attack JFK airport, Judge Irizarry denies a motion to suppress evidence seized during the arrest of a non-citizen defendant in Trinidad, and during a search of his residence of Guyana. Read the rest of this entry »


United States v. Drake (D. Maryland) (Apr. 15, 2010)

April 15, 2010

* United States v. Drake (D. Maryland Apr. 15, 2010)

A variety of charges against a former NSA senior executive, Thomas Drake, relating to Drake’s alleged efforts to provide classified information to a reporter (which then became part of a series of published articles about NSA between February 2006 and November 2007). Details from the press release appear below. I have the indictment and can pass it along, but could not attach it to his post because of size restraints on listserv posts. Read the rest of this entry »


1 new GTMO habeas denial, 1 new grant, and 1 opinion just released in relation to a denial back in March

April 11, 2010

* one new GTMO habeas denial, one old one the opinion for which just became public, and one new habeas grant

Al-Warafi v. Obama (D.D.C. Mar. 24, 2010) (Lamberth) (habeas denied) (note: I posted news of this denial back on March 25, but the opinion has only just now become available)

The 21-page opinion is posted here: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv2368-16

Judge Lamberth concluded that the government proved by a preponderance of the evidence that Al-Warafi was a Taliban member subject to detention under the AUMF. Al Warafi had argued in the first instance that he was not part of the Taliban but rather a volunteer medical worker in Afghanistan, and in the alternative that even if a Taliban member his capacity as a medical worker should have spared him detention.

Among the interesting aspects of the opinion, it:

– explicitly rejects the proposition that the government must show the person to be a danger if released in order to detain him

– accepts that Al-Warafi’s interrogation statements were reliable. Al-Warafi did not allege coercion or taint from prior coercion. Judge Lamberth noted the consistency of these statements with his ARB statements, but did not explicitly indicate that corroboration had been required for the interrogation statements to be deemed reliable Read the rest of this entry »


Duke’s Annual National Security Law Conference: Thursday April 15 and Friday April 16

April 8, 2010

* “National Security Challenges and the Obama Administration” – Duke University, Thursday April 15 and Friday April 16

Most of you probably already know about Scott Silliman’s annual national security conference at Duke. It’s always a terrific event, and this year promises to be terrific! Details are in the attached documents, and the agenda appears below:

Thursday, April 15th

8:00 am Registration and Continental Breakfast (Geneen Auditorium)

8:30 am Opening Comments

Scott L. Silliman

Professor of the Practice of Law and Executive Director,

Center on Law, Ethics and National Security

Duke University

8:45 am Panel I: Dealing with Radicalization

Chair: David H. Schanzer

Associate Professor of the Practice for Public Policy

Sanford School of Public Policy

Duke University; and

Director, Triangle Center of Terrorism and Homeland Security Read the rest of this entry »