Archive: Law

The Law and the War

In an important Guantanamo Bay habeas corpus case last week, the D.C. Circuit Court of Appeals delivered a stunning blow to the federal government, ordering it to release, transfer or hold a new hearing for a detainee whose case had been percolating through the courts for years. Huzaifa Parhat, a...

By Phillip Carter | July 1, 2008; 06:20 AM ET | Comments (26)

Hostile Witness

Two senior Bush administration lawyers redefine the meaning of hostile witness.

By Phillip Carter | June 27, 2008; 08:00 AM ET | Comments (25)

Not a Bang, But a Whimper

Today's gun control decision is a symbolic victory for gunowners, but not a really big change.

By Phillip Carter | June 26, 2008; 03:28 PM ET | Comments (0)

The Immunity Deal

Accountability for surveillance belongs with government, not private communications companies.

By Phillip Carter | June 20, 2008; 08:30 AM ET | Comments (169)

Boumediene as War Policy

Analysis of the Supreme Court decision.

By Phillip Carter | June 14, 2008; 12:26 PM ET | Comments (16)

Habeas Rights for Gitmo

Detainees can seek writ of habeas corpus in federal courts.

By Phillip Carter | June 12, 2008; 10:23 AM ET | Comments (0)

General Sings the Gitmo Blues

The man running the Gitmo tribunals clearly attended the George Costanza school of public relations, where they abide by the principle that 'it's not a lie if you believe it.'

By Phillip Carter | June 5, 2008; 01:26 PM ET | Comments (11)

The Gitmo Circus

The Pentagon replaces a judge at Gitmo for failing to toe the party line.

By Phillip Carter | June 3, 2008; 08:32 AM ET | Comments (0)

War Crimes in Croatia

A Court upholds the rule of command responsibility for a Croatian general charged in the torture and killing of Serbs.

By Phillip Carter | June 2, 2008; 06:00 AM ET | Comments (0)

Justice Wins in Bomber Case

Supreme Court rejects appeal from Millennium Bomber.

By Phillip Carter | May 19, 2008; 04:38 PM ET | Comments (9)

Gitmo's Heir?

Today's New York Times reports that the Pentagon plans to build a 40-acre detention facility in Afghanistan to replace the aging temporary facility there and possibly house detainees if Guantanamo Bay is closed. Currently prisoners are held in either a converted hangar or wire-mesh pens surrounded by concertina, and the...

By Phillip Carter | May 17, 2008; 10:45 AM ET | Comments (4)

The French for Terrorist Prosecution

Paris may have a solution for Gitmo's problem.

By Phillip Carter | May 15, 2008; 10:25 AM ET | Comments (0)

State Secrets

Amid all the news items last week, I wanted to flag this brilliant article in the New Yorker by Patrick Radden Keefe on the al-Haramain case and the "state secrets" privilege. Keefe describes the way the case unfolded -- starting with the government's inadvertent disclosure of the fact that it...

By Phillip Carter | May 11, 2008; 10:48 AM ET | Comments (0)

Out of Bounds

Over the last seven years, military officers and senior political appointees have skirmished on a variety of topics, from pre-Iraq war intelligence to troop levels to the conduct of counterinsurgency operations. But in one area, detention and interrogation policy, military officers have pushed back particularly hard against what they perceive...

By Phillip Carter | May 11, 2008; 08:53 AM ET | Comments (17)

When You Wish Upon a Star

Some overdue Pentagon promotions.

By Phillip Carter | April 29, 2008; 12:18 PM ET | Comments (0)

Cruel Intentions

Assessing the argument for the CIA's interrogation program.

By Phillip Carter | April 27, 2008; 09:52 AM ET | Comments (57)

Dereliction of Duty

Was the former chairman of the Joint Chiefs hoodwinked about torture?

By Phillip Carter | April 21, 2008; 10:01 AM ET | Comments (5)

Kangaroo Courts

Why does the government want to televise the trials at Gitmo?

By Phillip Carter | April 21, 2008; 08:42 AM ET | Comments (2)

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