Salim Hamdan has been sentenced to 66 months in prison, far short of the 30 years-to-life sentence the prosecution requested. Good news for Hamdan? Probably not, as Colonel Morris Davis -- the third chief prosecutor of the military commissions, who resigned because of political interference by the Pentagon -- pointed out in the comments to my ex post facto post: The...
The sole virtue of being the last among bloggers to weigh in on yesterday’s Hamdan verdict is having a chance to read what everyone else is saying. The New York Times, the ACLU, Human Rights First and others are pretty scathing in their criticism: don’t be fooled by the patina of fairness evinced by the split verdict, this system...
As Marty points out in his post, whether convicting Hamdan of "material support for terrorism" (MST) violates the Ex Post Facto Clause will be a major issue in Hamdan's appeal. Having now read Judge Allred's decision carefully, I strongly disagree with his conclusion that it does not. Judge Allred's framing of the ex post facto issue (p. 3) is unobjectionable: "the...
To tide readers over until Deb offers her thoughts, readers interested in some of the strengths and the weaknesses of the Hamdan verdict would do well to read Dave Glazier's post at National Security Advisors and Marty Lederman's post at Balkinization....
Durham University's International Boundaries Research Unit has made a map that illustrates the various disputes over the Arctic. The BBC reports: "Its primary purpose is to inform discussions and debates because, frankly, there has been a lot of rubbish about who can claim (sovereignty) over what," explained Martin Pratt, director of the university's International Boundaries Research Unit (IBRU). "To be honest, most...
Well, the Hamdan verdict is in: guilty on five counts of material support to a terrorist organization, but significantly for cases to come - not guilty on the far broader charge of conspiracy. The Times’ story is here. Sentencing to follow this afternoon. This is hardly the end of the story. There will certainly be appeals. But...
I was hoping that the discussion last week would address not only who could be tried by a military commission, but also for what crimes someone could be tried. That issue flared up again yesterday in the Hamdan trial, when the presiding military judged refused to instruct the jury that any attempt by an "unlawful enemy combatant" -- a status...
Okay, so Medellin himself is going down. But as Julian highlights above, Texas has now undertaken to extend some sort of review and reconsideration to others covered by the Avena judgment. Why the quiet retreat? Here's some totally unsupported speculation: this is the result of a deal between Texas and Mexico. The GOM is sophisticated enough to understand...
That, in essence, is the surprising argument that the Coast Guard raised in a recent administrative law decision involving regulation of shipping traffic to protect an endangered species. In Defenders of Wildlife v. Gutierrez, the D.C. Circuit was presented with the question of whether Coast Guard action implementing "traffic separation schemes" constituted "final agency action" within the meaning of...
Almost buried amid the last-minute flurry of litigation over Medellin's pending execution tonight at 7 p.m. EDT, Texas has made a potentially important but ambiguous concession to the ICJ. It has agreed to support federal habeas petitions in the future for Mexican citizens arguing that a failure of consular notification had caused prejudice to their criminal conviction and death sentence....
Greg Fox of Wayne State University Law School has posted a new article on SSRN that examines the proposed US/Iraq Status of Forces Agreement (SoFA) from a unique angle. Discussions in U.S. academic journals and blogs have tended to focus on the constitutionality under U.S. law of the Administration pursuing the completion of a long-term security arrangement with Iraq under...
As I've mentioned before, I'm completing a short, popular, non-academic, policy book on US-UN relations. The genesis of the book, however, was the run-up to the UN reform summit, the General Assembly summit (and accompanying final document) of September 2005. My editors have been beyond patient in waiting for me to finish this not-very-large project. But I must say that the...
