Kind of interesting that military commission defense lawyers insist that the defendants should be able to wear the clothes of their choice but that  female prosecutors should cover up.

Craig Whitlock has a very interesting piece in the Washington Post today, the main thrust of which is to describe the military's efforts to establish aerial surveillance capacity across wide swaths of Af...

Have you heard of the "Switchblade" UAV?  In brief, it is a man-portable UAV that a soldier in the field can launch in mortar-like fashion, obtaining beyond-line-of-sight surveillance (with video and GPS...

Not quite pret-a-porter?  Various media are reporting on the recently released motion by the 9/11 defendants, who desire to

I will testify tomorrow afternoon before the Senate Foreign Relations Committee in support of the Law of the Sea Convention.  A copy of my written statement is here.   Former Deputy Secretary of State Jo...

In a surprising development, the Obama Administration today filed an amicus brief in the Kiobel case in partial support of Shell Oil, arguing that the Alien Tort Statute should not be applied to allow a ...

[Update: Ben Weiser's coverage in the Times points out that real benefit of the plea for Ahmed of course was to avoid the firearms charge, which entailed a thirty year minimum.  Ben also confirms that Ju...

David Remes writes in with the following observation: Yesterday, Ben questioned the propriety of Harold Koh's reference to "enemies of the state" at a State Department event marking the thirty-fifth anni...

I have not linked to the reviews of my book Power and Constraint as they have appeared, but by now there are enough reviews – by Gary Schmitt in the Weekly Standard, Christopher Caldwell in the NYT, Roge...

FAA, eat your heart out.  From The Hill, we learn that Senator Rand Paul (R-KY) has proposed legislation to curb the use of drones for domestic surveillance.  The heart of his "Preserving Freedom from Un...

Published by Little, Brown & Company (2012) Reviewed by Wells Bennett

Steve's mention earlier that he was positively soft on the D.C. Circuit compared to the Times reminded me that we haven't seen any sign yet of the inevitable editorial bashing the justices for failing to...

Your Lawfare day is winding down at long last.  You’ve just savored a scholarly exchange on the D.C. Circuit’s fidelity to Boumediene.  The table is cleared, and you've just settled into your comfy, over...

At a recent conference on the 35th year of the State Department's Bureau of Democracy, Human Rights and Labor, State Department Legal Adviser Harold Koh made the following comments about Guantanamo: I be...

A few final thoughts on the topic of DC Circuit fidelity to Hamdi and Boumediene, for the three people still paying attention to us (hi Mom!).

At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby's thoughtful intervention in the back-and-forth between Ben and me on whet...

Steve's post on Garcia and Munaf got me thinking about seepage.  Remember this? It is the idea that seemingly fact-bound national security cases can announce rules of more general applicability - ones th...

Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit's caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at varianc...