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The New York Times and the Washington Post both report that Staff Sgt. Robert Bales will be charged with 17 counts of murder, along with other charges that will include attempted murder.
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Forthcoming next month in the Harvard Law Review is an essay of mine entitled Law and the President. The essay, here, explores the extent to which law constrains the exercise of presidential power in bot...
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Geoff Corn (South Texas) and Dave Glazier (Loyola-L.A.) write in with the following guest post concerning the US-Afghanistan SOFA and jurisdiction to prosecute SSG Robert Bales:
Staff Sergeant (SSG) Robe...
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Jhesus-Maria, King of England, and you, Duke of Bedford, who call yourself regent of the Kingdom of France, you, Guillaume de la Poule, count of Suffort, Jean, sire of Talbot, and you, Thomas, sire of Sc...
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Columbia legal scholar Philip Bobbitt just sent in this fascinating article on the constitutionality of the individual mandate as justified by biosecurity. If that sounds like a bit of a non-sequitur, we...
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The government filed its opposition to cert in the case of Moath Hamza Ahmed Al Alwi--a Guantanamo habeas petitioner. Al Alwi filed a petition for a writ of certiorari back in December, though we missed ...
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I don’t believe, as Steve suggested in his good response to my Slate essay on military commissions, that Obama’s continuation of military commissions is “a validation of . . .
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For interested D.C.-area readers, we're hosting what should be a fascinating panel discussion here at American University Washington College of Law next Tuesday (March 27), from 1-3 p.m., on "U.S. and Is...
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Another amicus brief has been filed in the D.C. Circuit appeal of the military commission of Ali Hamza Ahmad Suliman Al Bahlul, this time by former members of the U.S. Intelligence Community. Arguing on ...
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The Senate's Three Amigos (John McCain, Joe Lieberman and Lindsey Graham) have penned this op-ed in the Washington Post on being successful in Afghanistan.
Jack has posted on Slate an account of how Pre...
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In a characteristically thougtful essay over at Slate, and building on themes in his new book, Jack returns to a familiar argument--that the extent to which the Obama Administration has embraced military...
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For those of you who missed Jack--and others--speak about his new book yesterday at AEI, never fear.
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Rep. Peter King is at it again--he's chairing an investigative hearing of the House Homeland Security Committee today to assess the terror threat to the U.S. homeland posed by Iran and its links to Hezbo...
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Earlier this week I published a piece on the Foreign Policy page that defended the legal infrastructure for the Obama’s administration’s targeted killing program. At the end I made the following proposa...
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Yesterday, Judge John Bates of the United States District Court for the District of Columbia granted the government’s motion for summary judgment in the case of Kadi v. Geithner. Yassin Abdullah Kadi, a...
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A Pakistani parliamentary commission has demanded an end to U.S.
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A little while back, I wrote an article describing the evolution of our capture and detention policies in Iraq from 2003 to 2010 (based on a review of a massive pile of after-action reports and interview...
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The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuse...
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In most years when I teach my seminar on the history of terrorism and US counterterrorism law and policy, the question arises why terrorists do not more frequently embrace the "Beltway Sniper" model--i....
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Two upcoming events at the Brookings Institution that are salient to a lot of the issues we discuss on Lawfare:
Pakistan on the Edge: The Future of Pakistan and the U.S. Response
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