I do not have a copy of the sworn charges, but the details from the press release today appear below.  For comparison’s sake, you can find the earlier iteration of charges and motion papers relating to N...

Every summer the International Law Department of the Naval War College puts on a don’t-miss IHL conference (here are the videos from last summer's event).  This year’s event will focus on IHL in the cont...

The other day, I expressed bewilderment at the intellectual convergence between the political Left and Judge Laurence Silberman over whether post-Boumediene litigation has left habeas an empty shell.

Jessica Stern, a well-known scholar on terrorism and the author of Terror in the Name of God and, more recently, Denial: A Memoir of Terror, has just published this enlightening article in The National I...

One GTMO-related case—Khadr v. Obama (No. 10-751) remains pending before the Supreme Court at the certiorari stage, and it has just been re-listed for the first time (Kiyemba, in which the Court just den...

The Harvard National Security Journal has just posted a very interesting essay by Steven Bradbury entitled The Developing Legal Framework for Defensive and Offensive Cyber Operations.

Today the Supreme Court denied cert. to the five Uighur detainees held at Guantanamo.

Two quick comments on today's New York Times editorial: First, the Times begins with a remarkable normative assertion: "In bringing justice to those accused of plotting the Sept.

Columbia Law Professor Trevor Morrison has this lengthy review essay in the Harvard Law Review of Bruce Ackerman's new book, The Decline and Fall of the American Republic. The essay, entitled "Constituti...

The Onion has the story: WASHINGTON—After two years of false starts and protracted legal wrangling, President Barack Obama signed an executive order Tuesday authorizing the transfer of all 172 Guantánamo...

Bobby and I just finished an unusually good panel at the annual Duke University national security law conference. It was entitled "Indefinite Detention of Terrorists" and was one of the best such events ...

Michael Glennon, a longtime critic of presidential war unilateralism, has written a sharp critique of the April 1 OLC Opinion in support of the Libya intervention.  The conclusion (footnotes omitted): OL...

Today counsel for the five Kiyemba v. Obama petitioners who are seeking cert.

The United States is still bombing, under NATO command.  And Congress, which has not authorized this action, is still dithering.  If this pattern continues for another month (or two), the administration ...

...but nobody who has read Detention and Denial (which, judging by the fact that it is burning up the Amazon sales ranking at #183,999, is not that many people!) can be remotely surprised by this Los Ang...

The recent decision from the D.C. Circuit (the Esmail affirmance), and Supreme Court's recent cert. denials in several cases, warrant an update to our habeas numbers.

They say you can't tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him ...