Setting aside pondering over the courts' latest rulings on the Executive Order on immigration and refugees, it is helpful to take a step back and recognize that there was never a need for a travel ban or refugee ban in the first place.
Robert Loeb is a partner in Orrick, Herrington and Sutcliffe's Supreme Court and Appellate Litigation practice. The former Acting Deputy Director of the Civil Division Appellate Staff at the U.S. Department of Justice, he has handled hundreds of cases before the court of appeals and the Supreme Court. While at DOJ, he served as Special Appellate Counsel for National Security and International Law matters. Posts here express the views of the author(s) and do not necessarily reflect the views of the firm, or its clients. This post is for general informational purposes and is not intended to be and should not be taken as legal advice.
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The latest CIA torture suit brought by former detainees presents an interesting variation on the typical post-9/11 state secrets cases: this time it is the defendants rather than the plaintiffs who seek to introduce information that the government alleges may harm national security.
A few observations on the future significance of the recent Al-Nashiri ruling.
Yesterday, a civil action was filed in the D.C. federal district court by Larry Klayman, of Freedom Watch, against Democratic Party presidential nominee, Hillary Rodham Clinton. Mr. Klayman represents: Pat Smith, mother of Sean Smith, an American U.S. Foreign Service member and Information Programs Officer, U.S. Consulate General, U.S.
The Nashiri saga has picked up steadily in recent weeks.
Recent developments in the Guantánamo military commissions invites reflection on the role of the DC Circuit and a normative point on judicial restraint in the context of a mixed military-civilian, Executive-judicial system. Just as we get one wheel turning anew, another may have fallen off.
A now-unsealed November FISC order approves reauthorization certifications annually submitted by the government, but the latest submission sought to modify the minimization procedures.