Emerson Begolly pled guilty today, ending what would otherwise likely have been a very interesting First Amendment case involving the constitutionality of charging solicitation based on online incitement...

I was trying to formulate my mixed feelings about the Vance and Doe decisions when I received the following email from a Lawfare reader.

Habeas laywer David Remes writes in with the following thoughts on Ramadan at Guantanamo: In her story on Ramadan fasting in Guantanamo, which you blogged about on August 6, Carol Rosenberg quoted Navy C...

Josh Gerstein at the Politico beat me to the punch with a point I have been meaning to make since looking at the Seventh Circuit's Vance decision yesterday: The viability of civil cases against former of...

Professor Ramzi Kassem of CUNY Law, who serves as counsel for GTMO detainee Moath al-Alwi, takes issue with an earlier post on this blog concerning the al-Alwi case.  He has asked us to share the followi...

Orin Kerr is always worth reading, above all on Fourth Amendment issues.  He has a very interesting piece up tonight on a recent decision by a magistrate judge weighing in on the question of whether the ...

Paul Starobin, whose New York Times piece this weekend was the subject of these earlier thoughts, writes in with the following response: I agree with Benjamin Wittes that there is an important, even a vi...

Only days after a U.S. District Court in Washington allowed to proceed a suit by a U.S. citizen who alleged that he had been detained and tortured by U.S. forces in Iraq, the 7th Circuit Court of Appeals...

As you may recall, federal prosecutors in July charged Emerson Begolly with offenses including (i) solicitation based on online posts encouraging readers to attack Americans and (ii) the provision of ins...

U.S. involvement in Mexico's struggle against violent drug-trafficking organizations has deepened recently, according to Ginger Thompson's piece in the New York Times today: When violence spiked last yea...

Paul Starobin has a piece in the New York Times pondering the flip-flop of Harold Koh on war powers: During the Bush administration, he was legendary for his piercing criticisms of “executive muscle flex...

The Miami Herald's Carol Rosenberg has a fascinating story about Guantanamo detainees violating the Ramadan fast rules: With the vast majority of the prisoners at Guantánamo now marking their 10th Ramada...

They stop mad scientists plotting evil.

Josh Gerstein of Politico is reporting: The Justice Department is warning a federal appeals court not to disclose classified information about the National Security Agency's domestic surveillance program...

Back in June, I posted the appeal of Jose Padilla and his mother in a civil case against a group of current and former Defense Department officials.

Here is the July 29 opinion in which Judge Brinkema explains why NYT reporter James Risen will not have to testify, in the Jeffrey Sterling leak prosecution, about whether Sterling was Risen’s source for...

I have only had a chance to skim this lengthy opinion by U.S. District Judge James Gwin allowing a suit against Don Rumsfeld and others to proceed  on some counts. But it appears to allege quite remarkab...