Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairull...

The killing of Fazul Abdullah Mohammed by Somalian soldiers this weekend provides yet another occasion to note the difficult scope issues that arise under the 9/18/01 AUMF (or, if you prefer, under the P...

A number of readers have written in to argue that my attempt to complicate the D.C. Circuit's emerging doctrine on guesthouse stays and training camps is itself too simple. These readers point out from ...

Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training. Ever since the D.C.

Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid...

The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. J...

The Onion has the story: ISLAMABAD—Pakistan's Inter-Services Intelligence agency restated Thursday its commitment to the fight against terrorism, pledging full cooperation with U.S. forces during the upc...

Mark Mazzetti has a very important story in the Times noting that, far from backing away from using lethal force against AQAP targets in Yemen during this time of political instability, the US has steppe...

Michael Leiter, the long-time Director of the National Counterterrorism Center, one of the hardest counterterrorism jobs in the government, has resigned.  President Obama’s statement is here.

Most of the legal discussion about Libya intervention has focused in recent weeks on the War Powers Resolution.  But the constitutional issue of the President’s power to order the intervention without co...

Defense Ministers from the 48 nations of the International Security Assistance Force (ISAF) today endorsed the NATO Rule of Law Field Support Mission (NROLFSM).  The press release describes the mission a...

Over at CAAFLOG, Dwight Sullivan has this long post on the continuing saga of Scott Horton's National Magazine Award--about which I wrote here. Sullivan is responding to this article by Dr. Jeffrey Kaye ...

I have only one point to add to Bobby's post earlier today on the opinion by Judge Royce Lamberth in the al-Hajj case. The D.C. Circuit has so far avoided addressing issues related to the voluntariness o...

Habeas lawyer David Remes sent in the following comments on recent developments in D.C. Circuit case law. He emphasizes that he has been counsel in several of the cases discussed below and that the follo...

In a 13-page opinion made public today (but dated May 23, 2011), Judge Lamberth in al-Hajj v.

Those of you who subscribe to my listserv know that I frequently circulate links and abstracts for forthcoming academic work relating to security and law.  I'm going to try cross-posting that material mo...

Writing at Foreign Policy, Charli Carpenter and Lina Shaikhouni present a series of arguments challenging the legality of the U.S. use of lethal force--whether from drones or special forces--in Pakistan....

There's been quite a bit of activity in the Guantanamo habeas courtrooms since Larkin last posted these statistics in mid-April. Last week's voluntary dismissal of Fahmi Al Assani's and Suleiman Al Nadhi...

The Washington Post has this editorial on American Al Qaeda spokesman Adam Gadahn's recent message: THERE MAY NEVER be a better spokesman for closing the gun show loophole than Adam Yahiye Gadahn. A 32-y...