Obama Maintains Strong Position on “State Secrets” Doctrine and Wins in Ninth Circuit
By Jonathan Abrams
Nuclear Waste Storage: We Need a Long, Long, Long-Term Plan
By Jonathan Abrams
DOJ Report Purports to Demonstrate Success Convicting Suspected Terrorists in Civilian Courts
By Jonathan Abrams, NSJ Staff Editor – The Justice Department, in an attempt to bolster its argument that suspected terrorists can be tried in civilian courts, released a report earlier this month that includes a chart detailing over 400 convictions of...
New U.S.-EU Agreement on Tracking Terrorist Financing Possible by Summer
By Jonathan Abrams, NSJ Staff Editor – There is hope that a tool for tracking terrorists’ finances that was effectively eliminated by the European Parliament in February will come back online this summer. The Terrorist Finance Tracking Program (TFTP) was started...
Alleged American Terrorists Make Torture Claim
By Jonathan Abrams, NSJ Staff Editor – Five American Muslims who were detained in Pakistan on suspicion of terrorism have alleged torture by American and Pakistani authorities. The men, all from the Washington, DC area, were detained in December shortly...
UPDATE: Supreme Court Calls for Supplemental Briefing on First Post-Boumediene Case
By Jonathan Abrams, NSJ Staff Editor – On March 23rd, the Supreme Court is scheduled to hear arguments concerning the power of a federal judge to compel the Executive to admit detainees into the United States. But a two sentence order issued by the Court...
Second Circuit Rules Victim of Extraordinary Rendition May Not Sue American Officials
By Jonathan Abrams, NSJ Staff Editor, HLS 2012 The Second Circuit ruled on November 2nd that Maher Arar, a Canadian citizen who claimed he was a victim of “extraordinary rendition,” may not sue American officials for damages because Congress has not authorized such...
Ninth Circuit to Rehear State Secrets Case
By Jonathan Abrams, NSJ Staff Editor, HLS 2012 On October 27th, the Ninth Circuit granted en banc review to an important case involving the “state secrets” privilege. The case, Mohamed v. Jeppesen Dataplan Inc., 579 F.3d 943 (9th Cir. 2009), involves a lawsuit brought...
Canadian Court Orders Release of Accused Terrorist Sympathizer
By Jonathan Abrams, HLS 2012 NSJ Staff Writer On October 14th, a Canadian Federal Court judge dismissed the Canadian government’s case against a Montreal resident arrested under a controversial deportation program. In 2003, Adil Charkaoui was arrested under a security...