From last week’s D.C. Circuit decision in Rasul v. Myers, Judge Brown in a concurring opinion argued: The present case involves the method of detaining and interrogating alleged enemy combatants during a war–a matter with grave national security implications. Permitting damages suits by detainees may allow our enemies to “obstruct the foreign policy of our government.” Moreover, dealing with foreign … Continue reading D.C. Circuit on Bivens Claims in the War on Terror