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 »


Margulies on the Arar argument; PNSR report; CTLab on urban warfare theory; forthcoming scholarship

December 11, 2008

1. Peter Margulies, Summary of the en banc argument before the 2nd Circuit in Arar v. Ashcroft

For those of you who are interested in how the 2nd Circuit might rule after en banc review in the Arar litigation (i.e., the civil litigation brought by Maher Arar based on his treatment upon seizure at JFK Airport and his subsequent transfer to Syria), I am forwarding a summary of the oral argument produced by Prof. Peter Margulies of Roger Williams.  C-Span broadcast the oral argument by the way, and though the video is not yet posted on their website I am told that they might be replaying it this Saturday evening.

2. Project on National Security Reform, “Forging a New Shield”

This multi-year project recommends substantial reforms to the national security establishment.  An overview, with links to the full document (weighing in at more than 800 pages) and the executive summary (just 33 pages), is here: Read the rest of this entry »


Boim v. Holy Land; OSI fellowship; forthcoming scholarship

December 5, 2008

1. Boim v. Holy Land Foundation for Relief & Development (7th Cir. Dec. 3, 2008) (en banc)

Available at: http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1815_083.pdf

The Boim litigation arises out of the murder by Hamas of David Boim, a dual Israeli-American citizen, near Jerusalem in 1996.  Boim’s family brought suit against Muhammad Salah and a series of organizations, arguing that they raised money for Hamas and thereby were subject to civil liability under 18 USC 2333.

The en banc 7th Circuit, in an opinion by Judge Posner, holds confirms this theory of liability.  Among other things, the opinion holds that: Read the rest of this entry »