Military Law

Yale Secret Society Skull and Bones Wins Lawsuit Over Geronimo’s Remains

A student secret society at Yale University has won a court battle, at least for now, over remains of the Apache warrior Geronimo that a member or members of Skull and Bones allegedly stole from his grave at a prisoner-of-war cemetery at Fort Sill, Okla., around 1918, and brought to…

Aug 11, 2010 5:49 PM CDT

Floyd Abrams on WikiLeaks: Secrecy, Even if Needed, Is a Dying Concept

Once upon a time when the Pentagon Papers were leaked to the New York Times by Daniel Ellsberg, both he and the newspaper made decisions to withhold some of the material, based on concerns about national security. Nonetheless, there was a huge uproar over the leak. But those days are…

Jul 27, 2010 2:41 AM CDT

GOP Group’s Lawyers Seek Injunction to Block Military Ban on Gays

Lawyers for a Republican gay rights group will ask a federal judge Friday to block enforcement of the military’s “don’t ask, don’t tell” policy during closing arguments in a lawsuit challenging the constitutionality of the policy. The case is unique in that it is not based on an individual’s complaint…

Jul 23, 2010 4:04 PM CDT

Hotline Lawyer Conflicted as Callers Object to Change in Military’s Gay Policy

Lawyer J.E. McNeil is getting a new kind of inquiry as she answers hotline calls from soldiers who want to become conscientious objectors and leave military service. McNeil is a Quaker lawyer and executive director of the Center on Conscience & War, where she has worked the hotline for the…

Jul 22, 2010 10:30 AM CDT

Captured at 15 and Held By US at Gitmo, Khadr Says He Nixed 5-Year Plea Deal

In a new wrinkle in the already-controversial terrorism case against a Canadian man imprisoned at Guantanamo Bay since he was a juvenile, a United States military tribunal in Cuba has refused Omar Khadr’s request to fire both his military and civilian counsel. Khadr, now 23, also said he intended to…

Jul 12, 2010 6:37 PM CDT

US Soldier Faces Military Charges Over Wikileaks Video of American Attack

Ratted out by a hacker to whom he allegedly admitted, in online chats, having provided classified Department of State cables to the Wikileaks whistle-blower website, a U.S. Army intelligence analyst is now facing charges under the Code of Military Justice. Pfc. Bradley Manning, 22, is also accused of being the…

Jul 6, 2010 9:31 PM CDT

Just Cry Uncle?

If you ever wondered about the legal ramifications of, say, protecting civilians from air raids or handling an enemy pilot who’s parachuted from an aircraft in distress, then the Manual on International Law Applicable to Air and Missile Warfare could be your beach reading this summer.

Jul 1, 2010 9:20 AM CDT

Senator Sees ‘Inertia’ Over Closing of Gitmo Prison

President Obama is unlikely to implement his campaign pledge to close the prison holding terrorism detainees at Guantanamo Bay before his term ends in 2013. Political opposition and a focus on other issues are putting the closing on the back burner, the New York Times reports. Congressional committees voted to…

Jun 28, 2010 11:00 AM CDT

Obama Backs Compromise on Ending ‘Don’t Ask Don’t Tell’

President Obama has backed a compromise that would end the “don’t ask, don’t tell” policy on gays in the military after a study is completed. The study assessing the impact on troops would have to be done by Dec. 1, according to the Washington Post and the New York Times.…

May 25, 2010 12:05 PM CDT

DC Circuit Rules 3 Detainees at Afghan Airbase Have No Right to Habeas

A federal appeals court has ruled that three detainees held at the Bagram Air Force Base in Afghanistan do not have a right to a habeas hearing in U.S. courts. The U.S. Court of Appeals for the D.C. Circuit ruled today in the case of two Yemenis and a Tunisian…

May 21, 2010 4:08 PM CDT

Sealed DOJ Motion to Seal Public Transcript OK’d Sans Opinion by DC Circuit in Gitmo Case

An already convoluted case concerning the power of federal courts to intervene in government decisions about where to transfer detainees from the Guantanamo Bay military prison has been further complexified by an unusual effort to seal the transcript of a public appellate court hearing in the case. The motion to…

May 12, 2010 11:09 PM CDT

Political Spy Case Payout to Activist Includes Some $375K in Attorney’s Fees

A 22-year-old activist from the Evergreen State College in Washington will get $169,000 and his lawyers are expected to get twice as much in settlement of a political spying case that reportedly may have been sparked by a tip-off from the U.S. military that local authorities should keep an eye…

May 5, 2010 10:26 PM CDT

Fired US Attorney Is a Gitmo Prosecutor in Case of Teen Captured in Afghanistan

Fired U.S. Attorney David Iglesias is back in the news, this time for his role in the prosecution of a Canadian teen captured on an Afghanistan battlefield. Iglesias, a captain in the Navy reserves, was mobilized to Guantanamo’s military commissions last year, the Miami Herald reports. Now he is part…

Apr 30, 2010 10:30 AM CDT

Navy SEAL Acquitted in Beating of Alleged Mastermind of Blackwater Guard Attacks

A military jury deliberated for only two hours before acquitting a Navy SEAL accused of failing to prevent the beating of an Iraqi prisoner suspected of masterminding an attack on four Blackwater security contractors. Petty Officer 1st Class Julio Huertas was found not guilty of dereliction of duty and attempting…

Apr 22, 2010 12:20 PM CDT

Can Employer Be Liable for Influence of Biased Supervisor? Supreme Court to Decide

The U.S. Supreme Court has agreed to hear the case of an Army reservist who claims he was fired from his hospital job because of a biased supervisor who influenced but did not make the decision. The case was brought by Vincent Staub, a hospital technician in Peoria, Ill., who…

Apr 19, 2010 2:36 PM CDT