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Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty Inte...
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Particularly astute readers who have been carefully combing the site over the past five minutes may have noticed that our "search" bar has changed subtly and now includes check boxes that allow users to ...
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Ellen Nakashima of the Washington Post wrote over the weekend about “when is a cyberattack an act of war.” Focusing on Secretary of Defense Panetta’s recent speech warning of cyber-Pearl Harbors and on S...
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In my book Power and Constraint, I argued that the ACLU/CCR al-Aulaqi lawsuit “was merely an early battle in a long war over the legitimacy of U.S.
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That is the headline in a story in Thursday’s Guardian, which begins:
Britain has rebuffed US pleas to use military bases in the UK to support the build-up of forces in the Gulf, citing secret legal advi...
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I am hereby ending my boycott of Glenn Greenwald.
I'm doing it not because his latest post about me refrained from personal attack or adopted the sort of civil tone to which I think the public debate sh...
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The third and final part of the Washington Post series on targeted killing is out. Craig Whitlock discusses Camp Lemonnier, a drone base in Djibouti, which has become the hub of the Obama administration’...
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A few weeks ago, John wrote about the dearth of public discussion of legal issues related to a possible Israeli or U.S.
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Abd al-Rahim al-Nashiri’s trial continues---with or without him. Wells’s reporting from Ft.
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The official word from Guantanamo: our motions hearing has been cancelled on account of Hurricane Sandy. We'll have an update once we know more about future sessions.
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Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...
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Lawfarers, it appears the day's proceedings have been postponed on account of deteriorating weather conditions at Guantanamo---and might even be cancelled outright. We're thus in a holding pattern, as t...
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I agree with Bobby’s analysis of this morning’s Washington Post profile by Karen DeYoung of John Brennan, and would add these thoughts:
Eliminating CIA’s Drone Capacities. Count me as skeptical that we...
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We come to our third and final day of hearings in United States v. Al-Nashiri, which we'll observe from our CCTV perch at Fort Meade.
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Chief Prosecutor Mark Martins last night issued this statement regarding the progress to date in this week's motions hearing in Al-Nashiri.
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[Note: I'd originally indicated that Greg Miller wrote this second piece in the Post series, but in fact it was Karen de Young -- my apologies to Karen!
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Apropos of the Convening Authority’s powers, we come now to the defense's request to dismiss the case because that officer exceeded his authority, in referring charges against Al-Nashiri (AE104). How, e...
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The court has returned from lunch, which was followed by a quick Rule 802 conference. Per that discussion, Judge Pohl will defer consideration of AE118, a motion to compel, in addition to the secrecy mo...
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The government has filed its brief in Hamad v. Gates, an appeal to the United States Court of Appeals for the Ninth Circuit. Like Al-Nashiri v.
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AE98 is Richard Kammen’s topic. In that motion, Kammen says, he asks to present ex parte materials to the court, which would justify a pending defense request for a mitigation expert. The Convening Aut...
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