In an earlier post I commented on the politics of the cybersecurity debate.  I wrote: "One final piece of the political calculus is what the Administration wants.  Right now all public signs are that the...

Defense counsel for the five alleged 9/11 co-conspirators  have filed several motions challenging the closed-door nature of some military commission proceedings. Although the filings haven't been releas...

Late yesterday, the House sponsors of the CISPA cybersecurity legislation (to be considered tomorrow) announced a series of amendments to the bill intended to address some of the concerns advanced by pri...

In an essay entitled Law and the President that I've just published in the Harvard Law Review, I began by providing a brief historical and political perspective on shifting views of presidential power ov...

For New York-area readers, the American Constitution Society and the Brennan Center for Justice are co-sponsoring an "intra-progressive" debate tonight at the Brennan Center, featuring Marty Flaherty fro...

A very interesting exchange on the topic here.

Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...

This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences: (1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ...

Is al Qaeda in the Arabian Peninsula (AQAP) so distinct from the original al Qaeda network (“core al Qaeda”) that the use of force against AQAP cannot be justified, as a matter of U.S.

In United States v.

Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that's still moving in the lower courts. There was a time, not ...

Marty Lederman has a post defending the Obama administration in connection with this NYT story, but I think he overreacts. Marty claims that the story by Charlie Savage contributes to the “common but fl...

In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...

Charlie Savage has a story today about how the Obama administration, stymied in Congress and seeking ways to accomplish policy goals, has “increasingly in recent months . . . been seeking ways to act wit...

Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom.   Jonathan write...

David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent.

Britain is announcing what it terms "historic reforms" to the European Court of Human Rights. According to the Secretary of State for Justice, Kenneth Clarke, Taken together, these changes should mean fe...