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  • The Real Impact of Sharia Law in America

    Does Sharia law allow a husband to rape his wife, even in America? A New Jersey trial judge thought so. In a recently overturned case, a “trial judge found as a fact that defendant committed conduct that constituted a sexual assault” but did not hold the defendant liable because the … More

    Gitmo Through NGO Eyes

    GUANTANAMO BAY, CUBA – I was privileged to be one of six representatives of non-governmental organizations (NGOs) invited by the Office of Military Commissions to observe the guilty plea of Ibrahim al Qosi here in Guantanamo Bay, Cuba, yesterday. The other invitees were the ACLU, Human Rights First, Human Rights … More

    Obama Administration Accepts Its First Military Commission Guilty Plea

    GUANTANAMO BAY, CUBA – Ibrahim al Qosi, a Sudanese-born al-Qaeda terrorist, held at Guantanamo Bay since early 2002, pleaded guilty Wednesday at his military commission to both charges—conspiracy to provide material support for terrorism and material support for terrorism. His much-anticipated plea caps an eight-year saga spanning two separate Administrations … More

    Court: Terrorists Held Overseas Not Due Habeas

    The D.C. Circuit Court of Appeals just issued a blockbuster opinion that vindicates both the Bush and Obama administration’s positions regarding whether detainees captured overseas and held in Afghanistan have the constitutional right to challenge their detention via habeas corpus. The appeals court, in a methodical opinion reversing a lower … More

    Court Upholds Life Without Parole for Juvenile Killers

    There are positive and negative aspects to today’s 6-3 Supreme Court ruling in Graham v. Florida that it is unconstitutional to sentence a juvenile non-homicide offender to life without the possibility of parole. On the positive side, the Court upheld the constitutionality of life without parole (LWOP) for juvenile killers. … More

    New York Times Endorses Military Detention and Military Commissions, Sort Of

    In today’s editorial titled “The K.S.M. Files,” the New York Times laments the good ‘ole days of 2009, when, in their words, “the United States was making progress toward cleaning up the mess President George W. Bush made with his detention policies. The Pentagon was working on closing the prison … More

    Escape From New York: Obama Retreats On KSM Trial

    Today, the Obama White House asked Attorney General Eric Holder’s Justice Department to look for an alternative site to hold the federal trial of 9/11 mastermind Khalid Sheikh Mohammed and his co-conspirators. In the last week, the political support for the controversial decision to hold the trial in New York … More

    Adult Time for Adult Crime: Ethan Allen Windom

    On November 9th, the U.S. Supreme Court will hear oral arguments challenging the constitutionality of juvenile life without parole (JLWOP) sentences. In preparation for oral arguments, JLWOP: Faces & Cases will be an on-going series on The Foundry that will tell real stories about juvenile offenders who are currently serving … More

    Adult Time for Adult Crime: Norman Willover

    On November 9th, the U.S. Supreme Court will hear oral arguments challenging the constitutionality of juvenile life without parole (JLWOP) sentences. In preparation for oral arguments, JLWOP: Faces & Cases will be an on-going series on The Foundry that will tell real stories about juvenile offenders who are currently serving … More

    Adult Time for Adult Crime Conclusion: A Lawful and Appropriate Punishment

    The United States has a juvenile crime problem that far exceeds the juvenile crime problems of other Western countries. Over the years, state legislatures have responded to this increase in the volume and severity of juvenile crime by providing for sentences that effectively punish offenders, incapacitate them, and deter serious … More