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As the House of Representatives and the Senate head to conference on the NDAA, I thought it might be useful to analyze the similarities and differences between the counterterrorism provisions of the two ...
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With many thanks to Alice Beauheim, it is an idea whose time has surely come.
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A redacted version of the cert petition in the case of Hussain Salem Mohammed Almerfedi is now public.
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We are grateful to Katie Bacon and the rest of the crew at the Harvard Law Bulletin for this very nice piece discussing the HLS-Brookings Project on Law and Security as well as Lawfare, and to Dean Minow...
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Matt Waxman (who served as Deputy Assistant Secretary of Defense for Detainee Affairs from 2004 to 2005) and I have written a short article for the Council on Foreign Relations expressing concern about t...
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Lots of NDAA developments to kick start your week.
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A brief update for sports fans who follow the fierce international competition of, uh, Lawfare readership: Pakistan's brief stint on the medal podium in this admittedly obscure sport seems to have come t...
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The saga of whether Ali Hamza Ahmad Suliman Al Bahlul's counsel rightly represents him before the D.C. Circuit in his military commissions appeal continues. The government, you'll recall from prior cover...
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The 31st Quadrennial Conference of the International Red Cross and Red Crescent closed on Thursday in Geneva with the adoption of a resolution inviting the International Committee of the Red Cross (ICRC)...
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(Raffaela Wakeman and Ritika Singh)
As we've covered the NDAA fight pretty exhaustively, we're not going to dwell on it much here.
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Jubair Ahmad, a Pakistani man residing in the United States who created and uploaded an LeT propoganda video at LeT's request, has pled guilty to violating the 1996 material support statute, 18 USC 2339B...
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A bunch of readers have written to me since I posted this little item questioning whether New York Times editorial page editor Andy Rosenthal got it wrong when he wrote that:
When President Obama came in...
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The government has, unsurprisingly, filed a brief in opposition to Uthman Abdul Rahim Mohammed Uthman's cert petition. Uthman, a Guantanamo habeas petitioner, had asked the Supreme Court to review this d...
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As Raff explains below, there was one amendment to S. 1867's detainee section that made it through: Senator Feinstein's amendment stating that the bill should not be read as favoring or disfavoring an in...
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The Senate passed the NDAA (S. 1867) last night on a 93-7 vote. The seven senators who voted against final passage are:
Coburn
Harkin
Lee
Merkley
Paul
Sanders
Wyden
The bill now moves on to a co...
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Alas, Brigadier General Mark Martins, now the chief prosecutor of the military commissions, can't blog for Lawfare any more, as he did when he was in the field in Afghanistan. He does, however, still hav...
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There was a guilty plea today in United States v. Yusuf (S.D. Cal. Dec.
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Senator Feinstein's amendment, which would have limited applicability of the NDAA's detention provisions to terrorism suspects captured abroad, was rejected in a 45-55 vote this afternoon.
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There is a lot to talk about in regard to S. 1867, the NDAA bill currently under debate, other than section 1031 and 1032. Take section 1036. It's rather amazing this provisions hasn't generated more a...
