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On today's episode of the podcast, Bobby discusses his encyclopedic new Title 10/Title 50 article with Jack. The article, “Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate,” ...
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...is entitled "Ben Wittes' Appalling Take on Rahmatullah."
I wonder what he really thinks, though.
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It is always an awkward spectacle when a court has to climb down, having issued an opinion that it has no real power to effectuate. That's what has now happened in the British Court of Appeals in the cas...
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In breaking news, Majid Khan, a high-value Guantanamo Bay detainee, has reached a plea deal with prosecutors that "calls for him to testify at the trials of other detainees in exchange for a much-reduced...
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Fayiz Mohammad Al Kandari, a Guantanamo detainee, has filed a petition for a writ of certiorari in his habeas case. This comes after the D.C. Circuit denied his petition for en banc review in late Januar...
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I have two thoughts on Military Judge James Pohl's order and ruling, which I have now read.
The first is that on the narrow issue of the appropriate procedure for screening mail, this is largely a win f...
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In an earlier post about the information sharing provisions of the cybersecurity bill pending in the Senate I highlighted the issue of liability protection and the preemption of State law, musing that th...
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...in the Al Nashiri case is now available. I will have comments after I've actually read it.
UPDATE: There is also a ruling, which I had not noticed earlier.
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The Center on Law, Ethics and National Security at Duke Law School will hold its annual conference on Friday, April 13th and Saturday, April 14th. The Center's executive director, Air Force Maj. General ...
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Pentagon General Counsel Jeh Johnson is giving a speech today at the Yale Law School. The prepared text is as follows:
Dean’s Lecture at Yale Law School
“National security...
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This just in: the Office of Chief Defense Counsel in the Military Commissions asked the National Association of Criminal Defense Lawyers' Ethics Advisory Committee for an advisory opinion on whether defe...
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Over at USA Today, Kevin Johnson writes on the details coming to light about Amine El Khalifi, who was arrested last Friday for plotting to bomb the Capitol.
A U.S. District Court Judge in the Northern ...
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Ben's two questions in response to my post yesterday on the D.C.
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Steve is quite right that yesterday's decision in Al Zahrani is no surprise.
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Apologies for the delay on this post today. It was in every sense Ben's fault.
Protests have erupted at Bagram over NATO personnel who disposed of Korans by burning them.
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Here is your moment of Not-Zen for the day (with thanks to my student Daniel). (With apologies to the senior editors of Lawfare for momentarily lowering the tone.)
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With the Supreme Court scheduled to hear arguments over corporate liability in the Alien Tort Statute later this month, this short book chapter makes for a good, useful read. Dr. Eric De Brabandere is a...
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Given Ben's report on the oral argument, today's fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is...
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Joel Brenner, who served as inspector general of the National Security Agency and as the national counterintelligence executive in the DNI's office, joined Jack the other day to discuss his new book, Ame...
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In his NYT column today, Bill Keller argues that Wikileaks “was a hell of a story and a wild collaboration, but it did not herald, as the documentarians yearn to believe, some new digital age of transpar...
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