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As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important r...
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This is very exciting: Shane Harris has a new blog: Dead Drop, a "blog about national security and Washington." Shane, for those readers unfamiliar with his work, is a national security features writer o...
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To commemorate (if that's even the right word) the eleventh anniversary of the detention of non-citizens at Guantánamo, Oscar-nominated filmmaker Laura Poitras (whose work includes, among others, The Oat...
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Jennifer Daskal---who is a fellow at Georgetown law these days, after serving as NSD and working for Human Rights Watch---has a genuinely brave oped in the New York Times this morning entitled "Don't Clo...
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Fresh from the Guantanamo security scrub: an amended docketing order for the upcoming hearing, late this month, in United States v. Mohammed et. al.
Judge James Pohl has set forth 23 motions for argum...
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In this special episode of the Lawfare Podcast, Military Commission Chief Prosecutor Brigadier General Mark Martins discusses his decision to recommend dropping conspiracy charges against Khalid Sheikh M...
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In the New York Times, Scott Shane updates us on the Bradley Manning hearings, including some juicy details about evidence the prosecution plans to introduce: among other things, Wikileak-ed cables that ...
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Former UK Foreign and Commonwealth Office Legal Adviser Daniel Bethlehem has just published an important piece in the latest issue of the American Journal of International Law. The article, entitled “Sel...
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Yesterday, we posted the government's supplemental brief in the Al Bahlul military commission appeal in the D.C.
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Yesterday the judge in the Bradley Manning trial found that the 9 months of solitary confinement he was subjected to was "more rigorous than necessary," and, as a result, credited 112 days toward a futur...
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Lawfare, the web's premier source for news and analysis in national security law, is seeking interested and highly motivated law students to help build Lawfare's emerging Wiki library. Successful candida...
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So begins this interesting opinion from the United States District Court for the District of Columbia, in a habeas case brought by Guantanamo detainee Mohammed Morafa:
On a petition for a writ for habeas...
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...is available here. In a nutshell:
Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicita...
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From the Hedges files: attorneys for Senators McCain, Ayotte, and Graham yesterday submitted this reply brief in support of their motion to participate in oral argument before the Second Circuit. (The H...
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Published by WW Norton (2012)
Reviewed by Daniel Byman
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Apropos of Charlie Savage’s story (and Bobby’s follow-up) on the government's litigation tactics in Hamdan and al-Bahlul: assuming the material support and conspiracy charges in those cases indeed are to...
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In response to Charlie Savage's piece today concerning an interagency debate over whether to continue to argue for the viability of conspiracy and material support charges in the military commission syst...
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Micah Zenko of the Council on Foreign Relations has just published this important report on U.S. drones policy. I disagree with Zenko on some aspects of it, but for now I want to summarize several of his...
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Leading the news for Lawfarers: Charlie Savage's piece in the New York Times, about an ongoing debate in the Obama administration over whether it should drop the military commission cases against Salim H...
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According to Charlie Savage in today's New York Times, this is a question in hot interagency dispute this week. The basic concern of course is that (i) the D.C.
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