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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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I am delighted to announce that Ashley Deeks is joining Lawfare as our newest senior contributor. Astute readers will notice that this change is perhaps a bit less of a change than it may look, as Ashley...
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By way of reminder, this month we'll cover military commission sessions in both of the capital cases pending at Guantanamo.
The commission will hear argument in United States v.
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Back in October, I wrote about the claim in this Washington Post story that John Brennan supports shifting the CIA's operations involving the use of lethal force over to the military. Now that he is abo...
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To the surprise of few who've been reading the news the last month, President Obama is expected to nominate Republican former Senator, Chuck Hagel, as the Secretary of Defense, and counterterrorism advis...
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Last week, my Brookings colleague Daniel Byman and I released our fun little Disposition Matrix App--on The Atlantic's web site. The rather surprising response---who knew that so many Americans were anti...
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As Ben noted the other day, the Obama administration issued a signing statement on the new NDAA arguing that its Guantánamo detainee-transfer restrictions are unconstitutional as a violation of the separ...
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Last night, former DOD General Counsel Jeh Johnson was on the Rachel Maddow Show, discussing the war on terror, detention, and how the repeal of Don't Ask, Don't Tell, proceeded. Warning: the clip includ...
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Andrew Kent writes in with the following guest post on his fascinating new article on Ex Parte Quirin. I asked Andrew to write up this piece, after reading an earlier draft of the underlying paper for a ...
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For the first Friday in January, it's quite a prolific news day.
The New York Times published this editorial on the FOIA case that it and the ACLU just lost in the Southern District of New York.
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Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, "Judicial Review for Enemy Fighters: The Court's Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case." (66 Vanderbilt L...
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Published by Oxford USA (2012)
Reviewed by John Harrison
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