Military Law

US Files Appeal to 9th Circuit to Stay ‘Don’t Ask, Don’t Tell’ Ruling

Corrected: The Obama administration asked the San Francisco-based 9th U.S. Circuit Court of Appeals on Wednesday to immediately suspend the ruling overturning the “don’t ask, don’t tell” policy on gays in the military. The Justice Department’s filing (PDF) asserts that immediately repealing the policy would create major problems for the…

Oct 20, 2010 5:17 PM CDT

Pentagon to Military Recruiters: You Can Accept Openly Gay Candidates

Corrected: After an injunction was issued last week by a district court judge demanding the military stop its 17-year-old “don’t ask, don’t tell” policy, the Pentagon has advised recruiters that they can accept openly gay applicants. Pentagon spokeswoman Cynthia Smith said this guidance was sent to recruiting commands Friday, CNN…

Oct 19, 2010 9:13 PM CDT

Welcome to the ‘Parallel Universe’: Opinion Releasing Gitmo Detainee Was Extensively Rewritten

Legal observers are agog over two very different versions of a ruling in a habeas corpus case ordering the release of a Guantanamo Bay detainee who was held nearly eight years without being charged. In the initial version provided by Pro Publica, which was briefly made available online in March,…

Oct 15, 2010 12:32 PM CDT

DOJ Seeks Stay of Judge’s Ban on ‘Don’t Ask, Don’t Tell’ Rule—But Wants to End Policy, Too

A lawyer for the group that successfully challenged the U.S. military’s “don’t ask, don’t tell” policy on gay and lesbian troops tells the Associated Press that the Obama administration plans to appeal and ask for a stay of the ruling later today. And an unidentified government source confirmed the news…

Oct 14, 2010 8:15 PM CDT

Judge Strikes ‘Don’t Ask, Don’t Tell’ Policy

A federal judge in Southern California issued an injunction today that bans the U.S. military from enforcing its 17-year-old “don’t ask, don’t tell” policy concerning gay and lesbian service members anywhere in the world. The policy violates their constitutional rights, held U.S. District Judge Virginia Phillips, including due process, freedom…

Oct 12, 2010 9:21 PM CDT

ABA: New Law Would Help Soldiers Focus on Missions Abroad Instead of Legal Problems at Home

For years, the Servicemembers Civil Relief Act has helped protect those on active duty, allowing them to, among other things, terminate leases and capping the interest rate creditors can charge at 6 percent. But to invoke these protections military personnel may need a lawyer. Yet even with representation, some creditors…

Oct 8, 2010 5:35 PM CDT

Supreme Court to Consider State Secrets in Contract Dispute Over Avenger Plane

The U.S. Supreme Court has agreed to decide whether the federal government violated the Constitution by asserting a state secrets privilege in two disputes involving government contractors. The two companies, the Boeing Co. and General Dynamics Corp, argue the government’s position prevented them from defending themselves in a contract dispute…

Sep 28, 2010 2:49 PM CDT

Protect Against Online Attack by Creating Safe ‘Dot-Secure’ Site, Says New US Cyberwar Chief

The chief of the new United States Cyber Command post is calling for the creating of a restricted computer network to help protect critical civilian services, such as the power grid, from Internet attack, reports the New York Times. Dubbed “dot-secure” by some, the proposed network has not been specifically…

Sep 23, 2010 8:47 PM CDT

WilmerHale Asks Judge to Toss Gay Activist’s Pared-Down Malpractice Suit

WilmerHale claims a malpractice suit filed by a former gay-rights client belongs in small claims court because the claimed damages would amount to no more than around $250. The ex-client, James Pietrangelo II, is an inactive-status lawyer from Ohio who broke from a group challenging the military’s don’t ask, don’t…

Sep 14, 2010 1:40 PM CDT

Judge Strikes Down ‘Don’t Ask, Don’t Tell’ Policy

A federal judge in California has struck down the “don’t ask, don’t tell” law that barred openly gay service members from military service. Judge Virginia Phillips ruled the policy violates free speech rights under the First Amendment and due process protections under the Fifth Amendment, according to stories in the…

Sep 10, 2010 11:30 AM CDT

First Amendment Advocate Defends Right to Lie

Americans generally have a First Amendment right to lie, and that protects the tall tales told by a man who claimed he was awarded the Congressional Medal of Honor. That’s the take of Ken Paulson, the former editor of USA Today and the president of the First Amendment Center. Writing…

Sep 8, 2010 4:11 PM CDT

Civil Rights Groups Sue Over Claimed US Kill List

Civil liberties groups filed a federal lawsuit today against the United States government on behalf of a U.S.-born cleric who is in hiding in Yemen. Anwar al-Aulaqi has been unconstitutionally placed on a U.S. kill list because of his suspected involvement in terrorist activities, contend the American Civil Liberties Union…

Aug 30, 2010 11:52 PM CDT

After Katrina, Some New Orleans Police Say They Were Told They Could Shoot Looters

In an order that apparently contravened state law or created dangerous ambiguity, some New Orleans police say they were told after Hurricane Katrina either that they could shoot looters or do what they needed to do to “take back the city,” reports Pro Publica. Under federal constitutional standards and Louisiana…

Aug 25, 2010 12:29 AM CDT

Military Lawyer Who Collapsed in Khadr Trial Being Airlifted to US for Treatment

Updated: The military lawyer who collapsed yesterday while defending Guantanamo detainee Omar Khadr may be suffering from a problem related to gallbladder surgery he had six weeks ago and is being airlifted from the base for medical treatment on the mainland. The trial will be delayed for at least 30…

Aug 13, 2010 2:00 PM CDT

Omar Khadr’s Military Lawyer Collapses at Hearing

The military lawyer for Omar Khadr, who is being tried in Guantanamo Bay, collapsed at the end of a hearing Thursday. Army Lt. Col. Jon Jackson, who began coughing and asked the judge for a brief recess, collapsed when he reached for a bottle of water, the Toronto Star reports.…

Aug 12, 2010 9:37 PM CDT