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Prof. David Barron kicks off the last panel discussion of the conference, focusing on the Presidency in the Post-9/11 World. He begins by noting that it is not surprising that a serious national securit...
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The afternoon session of Day 2 of the conference begins with introductory remarks from Gabby Blum, the moderator of the afternoon’s first panel. She asks the panel to discuss the utility of force; what ...
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Session 4 begins with a brief introduction of the panelists from Prof. Dick Fallon, the panel’s moderator. Panelists include Prof. Phil Heymman, Ben Wizner, director of litigation of the ACLU’s Nationa...
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Day 2 of the HLS-Brookings Program on Law and National Security conference begins with Prof. Blum introducing Chibli Mallat, moderator of the first panel of the morning. He says he would like to point ...
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I have little to add to Jack's excellent post yesterday about Charlie Savage's fascinating New York Times story on the latest dispute within the administration on the scope and reach of the AUMF. But I d...
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An update: we've attended today's oral argument in Suleiman v. Obama, at the D.C. Circuit. For scheduling reasons, however, we'll have to delay posting a recap of the argument until Monday. Stay tuned ...
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Here is the prepared text, released by the White House, of John Brennan's speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very intere...
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Professor Blum welcomes the audience back and invites Professor Dan Meltzer to introduce John Brennan. Meltzer provides a short biography for Brennan and notes that he has been a key actor in shaping the...
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With a few moments to go before the HLS-Brookings Program on Law & Security’s inaugural event begins, I wanted to briefly introduce myself to the Lawfare community. As Ben mentioned in an earlier post, ...
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Kevin writes in with a final round of thoughts in his exchange with Peter in regards to the CMCR decision in al-Bahlul:
Peter continues to miss the central issue in al-Bahlul: namely, whether “any of the...
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Beginning this afternoon, the Harvard Law School-Brookings Project on Law and Security will host its inaugural event: "Law, Security, and Liberty after 9/11: Looking to the Future." It will take place at...
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It looks like I missed a habeas decision a few weeks ago. According to a docket entry of which I only became aware this morning, federal district Judge Royce Lamberth has ruled on the remand in the case ...
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Charlie Savage has a story about a dispute between DOD General Counsel Jeh Johnson and State Legal Advisor Harold Koh over the scope of the president’s legal authority to target members of al Qaeda-affil...
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More than a month ago, U.S. District Judge Henry Kennedy denied the habeas petition of a Guantanamo detainee named Fadhel Hussein Saleh Hentif (ISN 259). The opinion was classified at the time, but has n...
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The next round in the Margulies-Heller exchange (here and here) comes from Peter:
Thanks to Kevin for his very thoughtful response. I share Kevin’s wariness about making mere membership a wa...
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The Associated Press (via The Washington Post) reports that Tunisia is sending a mission to the United States to convince the U.S. to release the five Tunisians who are still being detained in Guantanam...
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The briefing in Alsabri v.
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That is the title that the editors of the New York Times Magazine gave to an essay I wrote in reaction to former Vice-President Cheney’s book, In My Time. The thrust of the essay is that early Bush unil...
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Kevin Heller (Melbourne) writes in with a response to last night's post from Peter Margulies on the CMCR decision in Al-Bahlul:
Peter Margulies is absolutely right that I ignore the factual differences b...
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Peter Margulies (Roger Williams) takes up one of the central issues addressed in the CMCR's decision last Friday in al-Bahlul:
Material support charges in military commissions illustrate the perils of p...
