I have recently blogged about two issues:  whether congressional authorization is required as a constitutional matter for U.S.

There is still no institution in American politics by which I feel more represented than I do by my former colleagues at the Washington Post editorial page. This editorial makes, in my view, all of the i...

NPR's Carrie Johnson is reporting that Attorney General Eric Holder has spoken out strongly on behalf of Paul Clement: To the list of prominent lawyers defending former Solicitor General Paul Clement's d...

One of the few bright spots when the flap over the Justice Department lawyers who previously had Guantanamo clients broke last year was the rapidity with which prominent conservatives denounced the attac...

For what it's worth, I hate the Defense of Marriage Act and always have. I want it repealed and will shed no tears if it gets struck down in the courts. On its face, moreover, what happened today between...

Habeas lawyer David Remes just sent in the following: Whatever their significance may be in other respects, the Wikileaks documents have little significance for the detainees still at Guantanamo, because...

National Public Radio has added its voice to that of the New York Times on the new Wikileaked Guantanamo files. NPR actually has a few stories, along with this database--done in conjunction with the Times.

The press coverage today of the leaked files concerning the Guantanamo detainees provides a dramatic contrast with public discussions over the operations in Libya.  The focus on the detainees is agonizin...

Here is the statement by Pentagon spokesman Geoff Morrell and Ambassador Dan Fried, Special Envoy for Closure of the Guantanamo Detention Facility in response to the New York Times story to which I just ...

I can't fathom right now who should be most upset--the government or the detainee bar--by this story in the New York Times: WASHINGTON — A trove of more than 700 classified military documents provides ne...

The most remarkable passage in the Washington Post story to which

The Washington Post this morning has this comprehensive account of the decline and fall of President Obama's Promise to close Guantanamo. It is a very solid and, to my mind accurate, rendering of the tale.

My post yesterday on possible civilian criminal charges against al-Nashiri included reference to my view that 2339B was not extraterritorial until a 2004 amendment.  I should have been far more specific ...

In my discussion earlier this week of some of the problems with relying on historical practice to support a constitutional claim of presidential authority to initiate military operations without congress...

The Associated Press is reporting that U.S.

If a person can't be troubled to agree with me, the very least he can do is to write good prose. Man, oh man, can Sabin Willett write good prose! Willett, who represented the Uighurs in their Supreme Cou...

Last Monday Harvard Law School conferred its medal of freedom on one of its graduates, General Mark Martins, Commander of the Rule of Law Field Force -Afghanistan.  The Harvard National Security Journal ...

News that charges have been re-sworn against al-Nashiri in the military commission system has prompted commentary regarding which Title 18 offenses could have been brought had he been charged instead in ...

We at Duke University are initiating a year-long project  in which a number of us will be considering and discussing the relationship between law and custom.  In connection with that project, I have star...