In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the e...

The American Bar Association Standing Committee on Law and National Security has just released a new book, Patriots Debate: Contemporary Issues in National Security Law which will, I'm sure, be of intere...

I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts: First, this lawsuit does not suffer from the prohibitive standing problem that pl...

As Ben says, there is a lot to talk about with respect to al-Aulaqi v. Panetta, a civil suit filed today by the ACLU and CCR in an attempt to obtain money damages for airstrikes conducted by the United S...

The ACLU has filed suit over the deaths in drone strikes of three U.S. citizens: Anwar Al-Aulaqi, his 16-year-old son, and AQAP propagandist Samir Khan. The complaint is available here. The ACLU's press ...

From Guantanamo, this: today's proceedings will be 100% closed, and recess immediately afterwards.  Open proceedings will resume tomorrow.

That's the word from the technical folks here at Fort Meade, anyway.   The hearing reportedly is underway, as of ten minutes ago - but, as expected, the topic under discussion is classified discovery.   ...

Lawfare's coverage of the United States v. Al-Nashiri continues today, with yours truly reporting from the CCTV facility at Fort Meade. (You can find yesterday's dispatches here.)  As before, blog entrie...

We will have two final posts in our discussion sparked by Mark Mazzetti's New York Times Magazine article, The Drone Zone.  This one by Michael Lewis, a former Navy fighter pilot and now professor at Ohi...

Ben already posted last week about the new battle a-brewing over the "Memorandum of Understanding" (MOU) that the Department of Justice is apparently requiring counsel in the Guantanamo habeas cases to s...

Whole body scanners (also known as Advanced Imaging Technology or AIT) are those new millimeter wave and backscatter scanners that the Department of Homeland Security is deploying in airports around the ...

Judge Pohl turns to outstanding 505 disclosures--the CIPA-like summaries that take place under the MCA.  He asks trial counsel whether there any more such material outstanding?  There is, Lockhart says. ...

For Kammen, the next defense motion, AE74, is all about saving government money and efficiency. The government has provided a database to the defense in discovery, the attorney tells the court. And these...

We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.

Kammen shifts to his reimbursement motion, AE 76.  In particular, defense counsel wants to add a sixth, civilian paralegal to Al-Nashiri’s defense team. That person would be paid on an hourly basis, perf...

Judge Pohl next takes up AO 82, the defense motion to force the Convening Authority to fund a consultant, Nancy Hollander, to aid the defense on matters related to national security law. (Government resp...

The next issue, Judge Pohl announces, is the group of motions surrounding discovery: AO 76, AO 77, AO 85, AO 82, and AO 74. They start with AO 82, which seeks an accounting of prosecutorial resources. ...

Lt. Cmdr.

Daniel Cahen, the Legal Advisor to the ICRC's Regional Delegation for the United States and Canada, responds to my original post on Syria/LOAC with the following guest post: The publication of an intervi...