1. Attorney General Mukasey, Constitutionality of the OLC Reporting Act of 2008 (Nov. 14, 2008) (made public 1/12/09) OLC has released a memorandum from AG Mukasey to the Senate Majority Leader, from November 2008, declaring his view that proposed legislation requiring public disclosure of OLC memos in certain scenarios would be unconstitutional. The memo is… Continue reading AG opinion on constitutionality of proposed OLC reporting act; forthcoming scholarship
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United States v. Al Kassar (S.D.N.Y.)
* United States v. Monzer Al Kassar, et al. (S.D.N.Y. Oct. 14, 2008) Judge Rakoff has rejected an array of arguments seeking dismissal of an indictment charging three defendants with a conspiracy to provide arms (including SAMs) to the FARC. Among other things, the opinion: – rejects an outrageous government conduct challenge based on the… Continue reading United States v. Al Kassar (S.D.N.Y.)
uighur detainees ordered released into US; forthcoming scholarship
1. Judge Urbina gives government until Friday to release Uighur detainees at GTMO into the US Judge Urbina today ordered the government to release into the U.S. a group of Uighur detainees held at GTMO. The government no longer categorizes the men as enemy combatants, but will not repatriate the men to China out of… Continue reading uighur detainees ordered released into US; forthcoming scholarship