1. United States v. Al-Nashiri (Mil. Com.) (Hat tip to Neal Sonnett for this document)
In yet another example of the way in which ongoing litigation is pressing the Obama administration to develop its detention policies more quickly than it would like, a military commission judge has rejected a request for a stay of the scheduled February 9th arraignment of a GTMO detainee facing charges in connection with the bombing of the USS Cole. The opinion is attached.
2. Al-Marri v. Spagone (S.Ct.)
Amicus briefs have now been filed in Al-Marri. The briefs supporting the petitioner are collected here. I’m not sure if there are other amicus briefs, but will circulate links if so.
By Robert M. Chesney
Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
View all of Robert M. Chesney's posts.
