I mentioned a couple of days ago that the case against the Bush Six was likely to go forward. Unfortunately, rumors of the case's survival turn out to be somewhat exaggerated: Spain's attorney general said he'll seek dismissal of an investigation of Bush administration officials for alleged torture of Guantanamo Bay, Cuba, prisoners. Attorney General Candido Conde-Pumpido said Thursday the claim against...
As with the earlier comments by Ed Swaine, I greatly appreciate Michael Ramsey’s astute observations regarding how political commitments fit into the constitutional discourse. I've endeavored to provide my initial responses to each of his suggestions below, although surely Duncan and I will build from his comments as we develop our theories going forward. We are pleased that Professor Ramsey agrees...
[Michael D. Ramsey is a Professor of Law at the University of San Diego Law School and author of “The Constitution’s Text in Foreign Affairs” (Harvard Univ. Press, 2007).] Duncan Hollis and Joshua Newcomer have written a fascinating article on an important and underappreciated topic. I agree with their basic propositions, especially that “political commitments” (as they call non-binding personal pledges...
[This post was jointly authored by Duncan Hollis and Joshua Newcomer] Ed Swaine brings his typical thoughtful (and rigorous) method to our article, and we greatly appreciate his insights, not only for engaging with our ideas but also for suggesting how we might advance them in future scholarship. Since Ed has framed his comments as questions, we’ve endeavored to provide...
Thanks to Opinio Juris for hosting this discussion and to the editors of the Virginia Journal of International Law for their discerning taste in publishing such an excellent article. Duncan Hollis (who has published widely both on the international aspects of treaties and on their domestic significance, and so is expertly situated to address this question) and Joshua Newcomer (already publishing...
I in no way believe that Deb exhibits “virtually pathological level of tribal loyalty and monumental intellectual dishonesty,” and I doubt that Glenn does either. That said, I am not sure that Deb's (clearly initial) thoughts on the Obama administration avoids Glenn's basic critique -- that Obama supporters justify his increasingly Bush-like policies by de-emphasizing substance in favor of personality...
[This post was jointly authored by Duncan Hollis and Joshua Newcomer] We would like to start by expressing our thanks to the editors of the Virginia Journal of International Law, the (other) hosts of Opinio Juris, and especially Professors Edward Swaine and Michael Ramsey for commenting on our article. "Political" Commitments and the Constitution (available on SSRN here) explores the constitutional validity...
(Update: At the end of this post, I put a note from Eugene Kontorovich on his new paper on piracy, apparently still a discussion draft and not yet on SSRN, but apparently available from him if you contact him at Northwestern.) In the midst of so much newspaper op-ed, blogosphere commentary on the piracy issue, Ruth Wedgwood - who has been...
This according to the ever-reliable Scott Horton: Spanish prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates over their role in the torture of five Spanish citizens held at Guantánamo, several reliable sources close to the investigation have told The Daily Beast. Their decision is expected to be announced...
Catherine Powell has an essay at Huffington Post responding to those criticizing Harold Koh for his views on customary international law. She writes: Harold Koh's position that customary international law is a form of federal common law reflects the conventional view since the founding of the nation. For over 200 years, Congress, the courts, and the Executive Branch have recognized that...
Still more disappointment from Bush 44: The Obama administration said Friday that it would appeal a district court ruling that granted some military prisoners in Afghanistan the right to file lawsuits seeking their release. The decision signaled that the administration was not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight. In...
More disappointment from Bush 44: Lawyers and judges working on Guantanamo Bay legal cases are showing signs of exasperation at President Barack Obama's administration, which they accuse of slowing federal judicial procedures for detainees. Two federal judges tasked with examining cases by five Guantanamo prisoners contesting their detention -- a right to habeas corpus granted by the Supreme Court in June 2008...
