handy link for OLC memos; forthcoming scholarship

January 28, 2009

1. Handy resource for keeping track of OLC and other legal memos from 2001-2008 relating to national security, including links to those that are public and descriptions of those that are not

This is pretty useful.  From ProPublica:

http://www.propublica.org/special/missing-memos

2. Forthcoming Scholarship

“‘De Facto Sovereignty’: Boumediene and Beyond”

George Washington Law Review, Forthcoming
SMU Dedman School of Law Legal Studies Research Paper No. 00-29

ANTHONY J. COLANGELO, Southern Methodist University – Dedman School of Law
Email: colangelo@smu.edu

In Boumediene v. Bush, which grants non-citizens detained at Guantanamo Bay, Cuba, constitutional habeas corpus privileges the Supreme Court took notice that the United States maintains “de facto sovereignty” over that territory. As its sole precedential support, the Court cited a case that never mentions the term de facto sovereignty. What is this concept? How important is it to the Court’s holding? Did the Court get the concept right given its longstanding usage and meaning in Supreme Court precedent? And what can de facto sovereignty tell us about when the Court will find habeas to extend to other situations involving extraterritorial detention of non-citizens in the war on terror? Read the rest of this entry »

Advertisements

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 »


US v. Odeh (2d Cir.);new scholarship on prosecuting terrorism cases; online symposia on Boumediene & preventive detention

November 24, 2008

1. In re Terrorist Bombings of U.S. Embassies in East Africa (United States v. Odeh, et al) (2d Cir. 2008)

The 2nd Circuit (Feinberg, Newman, and Cabranes) today issued three separate opinions largely rejecting appeals from defendants convicted several years ago for their roles in al Qaeda’s 1998 East African Embassy attacks.  The first two of them are must-read opinions for those who are interested in the capacity of the federal criminal justice system to handle terrorism-related cases, a topic of considerable current interest, as they deal at length with Fourth and Fifth Amendment questions that arise in connection with overseas investigations (including search, surveillance, and interviewing). Read the rest of this entry »


written opinion in Boumediene v. Bush

November 20, 2008

* Judge Leon’s written opinion in Boumediene v. Bush (D.D.C. Nov. 20, 2008)

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv1166-276

Here is a brief overview of the opinion:

Judge Leon framed the question as follows, citing the Case Management Order he previously had issued: had the government presented proof sufficient to establish by a preponderance of the evidence that the detainees were part of or supporting al Qaeda, the Taliban, or associated forces engaged in hostilities against the U.S. or its allies (including persons who committed belligerent acts or who “directly supported” hostilities).

The government argued that all 6 men planned to go to Afghanistan to fight against the US.  It also alleged that one of the men – Belkacem Bensayah – was an al Qaeda member who served a “facilitator” function (i.e., that he recruited fighters and assisted their transit to Afghanistan).  The government did not at this stage still contend that the men had plotted to attack the US embassy in Bosnia, nor that Bensayah was a financier as opposed to a “facilitator”. Read the rest of this entry »


Judge Leon orders release of 5 of 6 detainees in Boumediene

November 20, 2008

* Boumediene v. Bush (D.D.C. Nov. 20, 2008)

In the first habeas rulings on the merits in connection with GTMO, Judge Leon has ordered the release of 5 of the Boumediene petitioners on the grounds of insufficient evidence, while confirming the detainability of a 6th detainee.

Lyle Denniston (SCOTUSblog) has the details below:

Judge orders five detainees freed

Thursday, November 20th, 2008 12:21 pm | Lyle Denniston

U.S. District Judge Richard J. Leon, in the first ruling to carry out the Supreme Court’s June decision on detainees’ rights, ordered the federal government to release five Guantanamo Bay detainees “forthwith.” The judge found, however, that the government had justified the continued imprisonment of a sixth detainee, Belkacem ben Sayah. Read the rest of this entry »


Bahlul sentenced to life; forthcoming scholarship

November 3, 2008

1.  al Bahlul sentenced to life

From DoD’s press release:

Detainee Sentenced To Life In Prison

A military commission sentenced today Ali Hamza Ahmad Suliman al Bahlul of Yemen to confinement for life for conspiracy, solicitation and providing material support to terrorism in violation of the Military Commissions Act of 2006. Bahlul will immediately begin serving his sentence of confinement at Naval Station Guantanamo Bay, Cuba. Read the rest of this entry »


gtmo detainee database; forthcoming scholarship

November 3, 2008

1. GTMO detainee database

The New York Times has posted a database identifying Guantanamo detainees and providing links to the summaries of their CSRT proceedings:

http://int-shared1.ec2.nytimes.com/guantanamo/detainees/page/38

2. Forthcoming scholarship

“Legislating Clear-Statement Regimes in National-Security Law”

George Mason Law & Economics Research Paper No. 08-56

JONATHAN F. MITCHELL, University of Chicago Law Paper Requests – Public Law and Legal Theory, George Mason University – School of Law
Email: jmitchell@law.uchicago.edu

Read the rest of this entry »