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On February 24th, as directed by the en banc Court of Military Commission Review, the appellants in al Bahlul and Hamdan filed briefs addressing two questions:
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I’m very pleased to announce the call for papers and participants for the 4th Annual National Security Law Faculty Workshop/IHL Training, which will take place on May 19 and 20 at the Army JAG School in ...
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The legal issues – domestic and international – of a possible U.S. military intervention in Libya are pretty straightforward, and we shall discuss them in due course if an intervention comes to pass. Me...
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Carrie Johnson and Margot Williams of National Public Radio have a very interesting two-part series on what they call "Guantanamo North"--"two secretive units for convicted terrorists and other inmates w...
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Just a reminder that I will be reading from, talking about, and signing copies of Detention and Denial at Politics and Prose in Washington DC on Saturday afternoon at 1 pm.
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My friend Steve Walt weighs in against media patriotism. But he gives the game away, I think, when he says: “There are undoubtedly some narrow circumstances when a patriotic journalist should decline to...
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The meme has been floating about for some time: the D.C. Circuit--and, particularly, the evil Judge A. Raymond Randolph--is subverting habeas, fighting a rear-guard action against the rule of law, and tu...
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At Monday's Brookings event on judicial nominations, Chief Judge Royce Lamberth of the D.C. District Court offered a few thoughts on the impact of judicial vacancies on the D.C.
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In his thoughtful critique of Jack and my recent statements, Ken Jost makes three distinct points that are each worthy of consideration. I will address them in turn.
First, he writes, "The supposed dile...
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Glenn Greenwald has an interesting response to my post on the patriotism of American media, but he exaggerates the significance of the media’s patriotic bent, and he misses some important points.
To beg...
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Kenneth Jost of CQ Press and the Jost on Justice blog critiques Jack and me for our suggestions that it's time for President Obama to embrace Guantanamo:
In a controversy with national security hawks on ...
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Speaking of Al Warafi, I promised after the oral argument a few weeks back that I would reality-check my summary of the argument on a key point against the transcript of the argument when one became avai...
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Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I in...
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In its story last week about the ties between the CIA and Raymond Davis, the American recently arrested in Pakistan, the New York Times offered this explanation for why it sat on the story:
The New York ...
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Daphne Eviatar and I have an interesting exchange underway, one that I think nicely illustrates some of the key points of legal disagreement that underly the detention debate (such as whether the ICCPR a...
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The following information isn't national-security-related, but still may be of interest to many readers:
Brookings will host an event Monday, "Breaking the Judicial Nominations and Confirmations Logjam....
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Michael Hastings – the journalist who brought down General Stanley McChrystal – has a new piece in Rolling Stone alleging that General William Caldwell, who is in charge of training Afghan security force...
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On Saturday, March 5 at 1:00 pm, I will be speaking about Detention and Denial at Politics and Prose in Washington D.C. The event announcement is available here. Readings at Politics and Prose have a spe...
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The Economist has run a thoughtful and interesting column on my idea that President Obama should embrace Guantanamo. The column contains a few factual errors. It attributes this argument to my book, Dete...
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The other day, in response to this column by Marc Thiessen suggesting that Obama should bring more high-value detainees to Guantanamo, I wondered whether Thiessen really understood the gravity of what he...
