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Peter Bergen and Katherine Tiedmann have a piece in the new issue of Foreign Affairs (mostly behind the pay wall, but an excerpt is here) offering a mixed verdict on drone strike operations in Pakistan. ...
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Carrie Johnson at NPR posts (who knew that NPR reporters were blogging? This is really great stuff - add Carrie to your RSS feed) some important additional details. First, she confirms that there is st...
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A dramatic announcement just now from the Justice Department, concerning the outcome of the Durham Investigation into CIA interrogation practices. It is unclear from the context whether that investigati...
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The Washington Post reports this morning that JSOC recently carried out a drone strike in Somalia, targeting two al-Shabab leaders. The piece emphasizes that the Administration has recently highlighted ...
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A slow news day in the department of Hard National Security Choices.
The Washington Post is reporting that White House counterterrorism chief John O. Brennan, speaking at SAIS, unveiled President Obama'...
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As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj...
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Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday.
Lederman points ou...
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[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were...
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In connection with Harold Koh's testimony regarding American intervention in Libya yesterday--which Bobby discussed here and here--NPR's Carrie Johnson reported on Koh's path to his current views here. T...
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Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution. The thrust of their argument, ...
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Harold Koh's written testimony in connection with today's SFRC hearing on the WPR and Libya is now available.
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For the benefit of those who could not watch the SFRC hearing this morning on Libya and the WPR, here are highlights from the oral testimony from State Department Legal Advisor Harold Koh (the written te...
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Bobby covered this DOJ press release announcing that Justin Cannon, the Blackwater contractor who was convicted in March of involuntary manslaughter for the 2009 shooting and killing of an Afghan man in ...
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The following is a guest post from Peter Margulies (Roger Williams Law), reporting highlights from the Naval War College's International Law Conference 2011 ("Non-International Armed Conflict in the 21st...
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File this under the heading of the ever-popular topic of whether there is any legal accountability for contractors on the battlefield...
A thirty-month sentence today for Justin Cannon, a Blackwater con...
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Well, this is going to be interesting, and probably more than a little tense. State Department Legal Advisor Harold Koh will testify tomorrow morning, at 10 eastern (in theory), before the Senate Foreig...
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The en banc decision of the Court of Military Commission Review (“CMCR”) in United States v. Hamdan concludes that it was constitutional for Congress to make material support for terrorism an offense tri...
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In the Washington Post over the weekend, Peter Finn and Del Quentin Wilber survey the evolving legal landscape that is being created in Guantanamo detainee cases, complete with a quotation from Ben.
The...
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Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language:
From my standpoint as a Guantánamo habeas lawyer, the detainee tran...
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Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ...
