An interesting column by David Ignatius pointed me to this fascinating-looking report by Richard Danzig, Marc Sageman, and others. Published by the Center for a New American Security, the report is entit...

I've written a lot over the years about the way law responds to changing practical phenomena such as the emergence of non-state actors as a strategic threat, ala al Qaeda, as have many others.  This vein...

There are few topics more slippery--and more emblematic of the current age--than the intersection of transnational organized crime, narcotics, illicit arms, and violent non-state actors.  On that front, ...

I came away from today's HASC hearing much more optimistic about the future course of our detention/prosecution policy than I had been coming in, as there were signs of what I hope will become consensus ...

Today's House Armed Services Hearing on "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror" included testimony from the following witness...

On Tuesday morning, the House Armed Services Committee is holding a hearing titled "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror."  ...

I was lucky enough, unlike a number of other commentators, to be on the road on Friday when news of the attacks in Norway broke--and thus missed the opportunity to make an assumption that proved spectact...

I have now had a chance to read Gul, the other D.C. Circuit case that came down on Friday. Gul establishes a proposition that, in my opinion at least, should be pretty obvious: that Guantanamo habeas jur...

I normally have a pretty good read on the D.C. Circuit in habeas cases. Not this time. Al Alwi, one of the decisions which Wells posted yesterday, took me rather by surprise. To be true to what I wrote ...

Today, the D.C. Circuit handed down opinions in two detainee cases, Al-Alwi v. Obama and Gul v. Obama.  ***

Carol Rosenberg at the Miami Herald reported the other day that lawyers for accused USS Cole bombing suspect Abd al Rahim al Nashiri had asked the convening authority of the military commissions to take ...

It's not quite a trading card, which remains the high point, but an award for being "The Worst Possible Person in the World" comes pretty close. Turns out that DOJ, in a footnote in a brief before the D...

Wells rightly points out the ridiculousness of the various House committee chairs yesterday demanding that President Obama follow the terms of unenacted legislation.

Earlier today, Raffaela noted a letter, sent by the Chairs of various House Committees to the President, regarding the latter’s approach to the Warsame case.  Unsurprisingly, the letter critiqued the Adm...

Over at the Weekly Standard, Thomas Joscelyn has a response to Bobby and my earlier response to his response to our responses (here and here) to his piece on Matthew Olsen.

Several House committee chairs have sent this letter regarding the Warsame case to President Obama.

A new Congressional Research Service report reviews provisions in the competing versions of the National Defense Authorization Act regarding detainee affairs. Here is a summary of the report's findings: ...