This just in: President Obama today nominated Professor Scott L. Silliman and William B. Pollard III to the U.S. Court of Military Commission Review. Both men are highly qualified and will bring differe...

Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions: 1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-...

Peter Margulies of Roger Williams Law School writes in with the following critique of the Latif decision and praise of Judge David Tatel's dissent. While I don't agree with every aspect of this analysis,...

Shaking things up a bit, I’m going to begin Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s military commission proceeding yesterday from the end—the roughly one-hour-long afternoon press confer...

The Hoover Institution's online publication, Defining Ideas, has published an essay-length version of my recent paper arguing "Against a Crude Balance" between liberty and security. Enjoy.

I have now read the entirety of Latif, and I am--quite honestly--not entirely sure what to make of it. For one thing, the redactions are extensive, far more so than in the normal D.C. Circuit habeas case...

Lawfare was on hand earlier today at Ft. Meade, Maryland, to witness the first live (well, 40 second-delayed) transmission of military commission proceedings in Guantanamo Bay, Cuba to a location here in...

I have only just begun reading the D.C. Circuit's decision in Latif, but it already clear to me that it is a very big deal. Judge Janice Rogers Brown, for the majority, expressly adopts a presumption in ...

The D.C. Circuit has just released its redacted opinion in the case of Adnan Farhan Abd Al Latif, which it filed on October 14, 2011. The opinion is available here, and Lawfare has covered the case

Further to the exchange between myself and Steve Vladeck regarding Section 1031 of the SASC version of the NDAA FY '12, Raha Wala (Human Rights First) writes in with the following thoughtful comments and...

Two streams of detention-related legal argument came together at the Senate Judiciary Committee today, as AG Holder answered questions from Senator Graham.  Their colloquy blended the question of the fat...

The documents themselves are not available yet, but the docket in Nashiri reflects that on Friday, the government moved "for Public Access to This Military Commission Via Transmission of Open Court Proce...

The Naval War College, as many readers will be aware, has a long tradition of publishing terrific law of war papers in its annual "Blue Book" volume, based on presentations at its annual summer symposium...

In an interview with Reuters, General James Cartwright, who retired a few months ago as the vice chairman of the Joint Chiefs of Staff, maintains that the United States needs to disclose its offensive cy...

Here's an interesting military commission development. The government has moved to disqualify counsel--and thus end the appeal--of Ali Hamza Ahmad Suliman Al Bahlul, whose military commission conviction ...

The new regulations for the military commissions have just been posted on the military commission's website. This long (202 page) document is a comprehensive list of the military commissions' procedures,...