Holder v. Humanitarian Law Project; 4 new GTMO transfers; forthcoming scholarship

February 24, 2010

1. Holder v. Humanitarian Law Project (S.Ct. oral argument was held yesterday)

This is the suit challenging the constitutionality of 18 USC 2339B (the 1996 material support statute). Oral argument was yesterday. For more insight, check out the brief podcasts (one by Peter Margulies of Roger Williams in defense of the statute, one by David Cole of Georgetown attacking the statute) provided by SCOTUSblog: http://www.scotusblog.com/2010/02/podcasts-holder-v-humanitarian-law-project/

2. More GTMO transfers

One unidentified GTMO detainee has just been transferred to Spain. Three (Saleh Bin Hadi Asasi, a native of Tunisia, Sharif Fati Ali al Mishad, a native of Egypt, and Abdul Rauf Omar Mohammad Abu al Qusin, a native of Libya) have just been sent to Albania. 188 detainees remain at GTMO.

3. Forthcoming Scholarship

National Security Case Studies: Special Case-Management Challenges

Robert Timothy Reagan

Federal Judicial Center

National security cases often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys contacts with their clients may be diminished; other challenges may present themselves. The purpose of this Federal Judicial Center resource is to assemble methods federal judges have employed to meet these challenges so that judges facing the challenges can learn from their colleagues experiences. These case studies include background factual information about a selection of national security cases as well as descriptions of the judges challenges and solutions.The information presented is based on a review of case files and news media accounts and on interviews with the judges. Read the rest of this entry »