The UK for some time has been wrestling with the problem of civil litigation that implicates states secrets.  Foreign Minister William Hague addressed the issue eloquently in this speech, which in releva...

On Tuesday, the Senate Armed Services Committee passed a new version of the controversial detainee provisions to be included in the National Defense Authorization Act for FY ’12. The text is here, thanks...

I was going to write an oral argument preview this week for the D.C. Circuit's coming oral argument in the case of Fayiz Mohammed Ahmed Al Kandari, the next Guantanamo habeas petitioner to come before th...

David Cole has this very thoughtful essay on the Anwar Al Aulaqi killing in the New York Review of Books--a very thoughtful essay with a rather loaded opening. Cole's first sentence asks, "When can the p...

Over at the Empty Wheel blog, Marcy Wheeler has a very impressive set of speculations regarding what the mysterious Report at issue in Latif (which I discuss at length here) might be. Here's her bottom l...

At last, you have reached the final post in Lawfare’s coverage of the motions hearing portion of Abd al-Rahim al-Nashiri’s arraignment.

Following discussion of post-acquittal detention, the al-Nashiri motions hearing continued with the defense’s second motion. This motion involves the defense’s request that Military Judge Pohl allow in ...

I’m going to wrap-up Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s arraignment with some discussion of the post-arraignment motions hearing.

As Dave Barry would say, I swear I'm not making this up. The other day, I found myself visiting the CIA. As one does at such times, I stopped at the agency's gift shop, you know, to buy a Predator drone...

The D.C. Circuit strongly disfavors en banc review. For longstanding cultural reasons, the court avoids en bancs whenever possible. This is generally a good thing. En bancs can be ugly; they stress a cou...

The more I study the D.C. Circuit decision in Latif, the more important I think it is, and the more regrettable I think it probably is. I'm going to spread this out over two posts. In this one, which is ...

Wednesday’s arraignment hearing of Abd al-Rahim al-Nashiri began about twenty minutes after 9 a.m., roughly two hours after most reporters arrived at the Ft. Meade, Maryland remote viewing location.  Bef...

Abdeladim El-Kabir was arrested in Germany, along with two other men, back in April of this year.  German officials at the time alleged that the men were planning to build a bomb to use somewhere in Euro...

Here's my question: Why has there been virtually no press coverage of the Latif decision? Other than this article on CNN's web page, which actually ignores the aspect of the case that makes it jurisprude...