Anthony Clark Arend

Scott Horton over at The Daily Beast reports:
In a dramatic turn in Madrid this morning, Spain’s attorney general has stepped into the case involving former U.S. Attorney General Alberto Gonzales and five former senior Bush administration lawyers, overruling the decision of career prosecutors to adopt a criminal complaint against them and to proceed with an investigation. But this does not …

As is now quite well known, on April 2nd, Federal District Judge John D. Bates issued a landmark opinion on the scope of habeas corpus in Maqaleh v. Gates. Faced with the question of whether the right of habeas should be extended to four persons detained by the United States at Bagram Airfield in Afghanistan, Bates ruled that three out …

Brian Murphy over at The Huffington Post reports:
Qatar’s leader embraced Sudan’s president in a red-carpet welcome Sunday as he arrived to attend an Arab Summit in his most brazen act of defiance against an international arrest warrant on charges of war crimes in Darfur.
For host Qatar _ a key U.S. ally that is home to American warplanes and more than …

Reuters is reporting today:
The international arrest warrant for Sudan’s president will top the agenda of an Arab summit next week, which he may attend despite his indictment for war crimes, host Qatar said on Saturday.
Sudan’s Omar Hassan al-Bashir has made trips to Egypt, Eritrea, Libya and Ethiopia over the past two weeks, after the warrant was issued by the International …

The AP is reporting today:
Sudan’s Islamic scholars have issued a religious edict calling on the president not to travel to an Arab summit because of the international warrant against him on war crimes charges, state media reported Sunday.
The scholar’s fatwa, a nonbinding religious opinion, joins increasing calls in Africa’s largest nation for President Omar al-Bashir to skip the summit in …

ICC Prosecutor Luis Moreno-Ocampo has suggested that Sudanese President Omar al-Bashir could be lawfully seized in international air space on his way to the Arab League Summit in Qatar.
The BBC reports:
Mr Moreno-Ocampo said that entering international airspace would be enough, since UN Security Council resolution 1583 [sic-- the correct resolution number is 1593] urges all UN members to co-operate with …

A previous post discussed the Obama Administration’s recent memo in which it articulatated a new approach to detention. Harvard professor Noah Feldman has an op ed in the New York Times discussing the memo. Feldman explains:
Cautious and modest where George W. Bush was ambitious and brash, Mr. Obama still claims the authority necessary to sustain almost everything his predecessor did.
Perhaps …

In a memo filed today with US District Court Judge John D. Bates, the Justice Department set forth its legal basis for detaining persons associated with terrorism and abandoned the use of the term “enemy combatant.” The memo can be found here. The memo states the new framework for detention as follows:
The President has the authority to detain persons that …