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My contribution to Lawfare's 10th Anniversary Project concerns the role of the military in strengthening justice institutions in countries struggling to emerge from instability, a topic on which my perso...
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Adam Liptak, in his New York Times column, writes about the state of civil liberties, ten years after September 11, while William Saletan at Slate discusses how much has changed in the way we wage war si...
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The government's brief, and the petitioner's subsequent reply brief, are available in the case of Fayiz Mohammed Ahmed al-Kandari v. United States. Al Kandari is a Kuwaiti Guantanamo detainee who is seek...
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Further to Ben's post on the new DC Circuit decision in Khan v.
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I have only read the D.C. Circuit's Khan opinion very quickly and may have further thoughts when I dive in a little deeper.
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The D.C. Circuit has affirmed district court Judge John Bates's denial of Shawali Khan's petition for a writ of habeas corpus.
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A New York Times editorial this past weekend comments on the findings of the 9/11 Commission's 10th anniversary report.
As Ben has discussed (here, here, here and here), John McCain inserted a provis...
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Stewart Baker, former general counsel of the NSA and policy chief at DHS, is the author of Skating on Stilts: Why We Aren't Stopping Tomorrow's Terrorism. He writes in with the following as part of Lawfa...
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Joseph Margulies is a professor at Northwestern Law School who serves as the associate director of the MacArthur Justice Center. Joseph served as counsel of record on behalf of the detainees in Rasul an...
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Raffaela's compilation of reviews of Dick Cheney's book links to one which I think warrants a brief reply.
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Judging from his new book, In My Time, former Vice President Dick Cheney probably won't be participating in the Lawfare 10th Anniversary Project, which is devoted to acknowledging error and second though...
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My contribution to our 9/11 10th Anniversary Project concerns the role of the judiciary in relation to detention. Well do I recall my reaction to the first wave of Guantanamo litigation back in the 2002...
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Greg Miller and Julie Tate have a remarkable story in the Washington Post this morning (and if my local paper the Austin American-Statesman is any indicator, also on the front page of a whole lot of othe...
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Tim Mak at the Politico covers in more depth the developing story surrounding court documents from an aviation dispute in Hudson, NY that detail the CIA's rendition program.
David Ignatius ponders wheth...
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* United States v. Mubayyid and Muntasser (1st Cir. Sep.
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For those who are in the process of picking casebooks for a national security law or law-and-terrorism course next spring, you’ll want to take a look at the following two:
“National Security Law” (5th e...
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(by Benjamin Wittes, Robert Chesney & Jack Goldsmith)
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No, that's not an Onion headline--nor is today April 1. Nor is it entirely true.
Still, the New York Times has obtained a copy of the "Report of the Secretary-General’s Panel of Inquiry on the 31 May 20...
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I'm in the process of collecting and posting reviews of and commentary on Vice President Dick Cheney's book that will be of interest to Lawfare readers.
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On August 30, the Eleventh Circuit decisively dismissed a classic lawfare lawsuit -- an Alien Tort Statute suit brought against the former President and former Defense Minister of Bolivia (Gonzalo Sanche...
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