US Attorney General Eric Holder Feb. 3 defended his decision to charge suspected "Christmas Day bomber" Umar Farouk Abdulmutallab in US federal court. Holder, who has resisted calls from high-level Republicans to try Abdulmutallab in a military tribunal, said that the civilian criminal justice system was capable of handling his trial. In a letter to Senate minority leader Mitch McConnell (R-KY), Holder cited longstanding policy, first initiated under George W. Bush, that suspects apprehended on US soil are tried in civilian court. Holder also defended his decision to read Abdulmutallab his Miranda warnings as consistent with FBI policy on custodial interrogations.

Canadian citizen Maher Arar on Feb. 1 asked the US Supreme Court to overturn a lower court ruling that he cannot sue the US government for damages based on his detention in the US and his detention, interrogation, and torture in Syria after he was mistakenly "renditioned" as a terrorist. Arar is attempting to challenge the US government's policy of "extraordinary rendition" under the Torture Victim Protection Act and the Fifth Amendment of the US Constitution.

Former US Department of Justice Office of Legal Counsel (OLC) lawyers John Yoo and Jay Bybee have been cleared of allegations of wrongdoing in relation to their memos asserting the legality of "enhanced interrogation techniques," Newsweek reported Jan. 29. The results of the Office of Professional Responsibility (OPR) investigation of the two former OLC attorneys have yet to be officially released, but the probe is reported to have concluded that the pair exercised poor judgment in crafting the 2002 memos—a finding that does not qualify as professional misconduct.

The Supreme Court of Canada ruled Jan. 29 that while the treatment of Canadian Guantánamo Bay detainee Omar Khadr violated his rights, the government does not have to press for his return to Canada. In a unanimous decision, the court ruled that the interrogation of Khadr by Canadian officials while in detention violated section 7 of the Canadian Charter of Rights and Freedoms.

US Ambassador-at-Large for War Crimes Issues Stephen Rapp said Jan. 28 that no US president is likely to present the Rome Statute of the International Criminal Court (ICC) to the US Senate for ratification in the "foreseeable future." Speaking at the University of Pittsburgh School of Law, Rapp said that while the US has an important role in international criminal justice, it is unlikely to join the ICC anytime soon. Rapp cited fears that US officials would be unfairly prosecuted and the United States' strong national court system as reasons it would be difficult to overcome opposition to ratification. Rapp also said that the US has a role to play in a three-part system for ending international impunity. The US must work to strengthen national court systems, particularly in the Democratic Republic of Congo, the US must work with countries that exercise universal jurisdiction when there is some relation between the country and the crime, and the US should continue to support the work of international criminal tribunals.

The US Department of Justice announced Jan. 26 that an Uzbek Guantánamo Bay detainee has been transferred to Switzerland. The detainee's identity will not be disclosed in order to facilitate his transition into life in Switzerland. The Swiss government agreed to accept the detainee for resettlement "on humanitarian grounds" after reassurances from the US that the man was not convicted of any crime and will not be a threat to public safety. The detainee was originally cleared for release in 2005, but could not return to Uzbekistan for fear of persecution.

The US Supreme Court Jan. 25 declined to hear an appeal by former Panamanian military ruler Manuel Noriega challenging a lower court ruling denying his habeas corpus petition and authorizing his extradition to France on money laundering charges. Noriega, who has been declared a prisoner of war, invoked a provision of the Geneva Convention that requires repatriation at the end of confinement. In an April decision, the US Court of Appeals for the Eleventh Circuit found that his claim was precluded by the Military Commission Act of 2006, which the government argued "codifie[d] the principle that the Geneva Conventions [a]re not judicially enforceable by private parties."

The Rag Blog on Jan. 11 was among those to take note in alarmist terms ("Got Fascism?") of a suggestion by Cass Sunstein—President Obama's Harvard Law School friend and recently appointed administrator of the White House Office of Information and Regulatory Affairs—for "cognitive infiltration" by government agents to combat the growing popularity of conspiracy theory. In a piece entitled "Conspiracy Theories: Causes and Cures" in the August issue of the Journal of Political Philosophy, Sunstein and co-author Adrian Vermeule write: