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No, this has nothing to do with wikileaks as such. But you may recall a case from a few years ago involving a CIA officer who attempted to sue the agency for discrimination, only to have the case thrown...
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The ACLU has sent a letter to President Obama that takes an interesting position on the detainee transfer provisions in the Defense Authorization Act for FY11. First, it points out that the constraints ...
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Readers interested in my post from yesterday will find this document useful; prepared by OLC veterans from the Clinton administration in response to the controversy over the Bush administration's use of ...
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An interesting debate has broken out among liberals about the possibility of President Obama's issuing a signing statement on the Guantanamo restrictions. Adam Serwer writes,
There's a pretty clear ethic...
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Today the government filed the public version of its appellant's brief in Almerfedi v. Obama (No. 10-5291), a habeas merits case. In this appeal the government appeals Judge Paul Friedman's sole habeas ...
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I have a few thoughts on Dafna Linzer's story from yesterday, which reported that the President means to push back against congressional efforts to impede trial and transfer of Guantanamo detainees by is...
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Last week I drew attention to the undue delay in resolving Salim Hamdan’s appeal from his military commission conviction, noting that it put in issue the general viability of material support as a charge...
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[I am very pleased to introduce the first of two posts from Tom Nachbar of the University of Virginia. In addition to his role as a law professor at UVA, Tom has the distinction of serving as an Army JA...
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[Update - I have added a new line at the end of the second paragraph] [Second Update - A new final sentence]
Further to Jack's post below, I have a pair of observations about Dafna's important story on ...
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Dafna Linzer reports that President Obama’s advisors are urging him to issue a signing statement proclaiming that certain aspects of the defense spending bill that limit his authority to try GTMO detaine...
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One of the most important questions clouding the debate over the utility of military commissions has to do with the viability of material support charges in that forum. To be blunt, we need to know the ...
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Just a quick post to give warm wishes for an excellent new year to Lawfare readers everywhere. In particular, here is wishing safety and success to our readers and their colleagues deployed in Iraq and A...
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"The greatest trick the Devil ever pulled was convincing the world that he didn’t exist,” says the low-grade con man to the arrogant customs agent in the 1995 movie The Usual Suspects, speaking of the gr...
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I am reliably informed (having checked the site) that Detention and Denial: The Case for Candor After Guantanamo is now available from Amazon.com--which presumably means it is available at other book sto...
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Bobby is quite right to link yesterday's New York Times editorial to the one about which I complained back in October.
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In an editorial that ran on Monday, the Times took up the laudable task of defending the administration’s plans to substantially enhance the procedural safeguards associated with the annual review board ...
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(By Benjamin Wittes, Jack Goldsmith, and Robert Chesney)
Lawfare readers will have noticed, by now, that we have installed a small quantity of advertising on the site. The purpose of these ads is to gen...
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A few days ago, I expressed doubt as to the veracity of the President's comments that "Guantanamo is probably the number one recruitment tool that is used by these jihadist organizations." I did so tenta...
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A few weeks ago we posted the petitioners' joint opening brief in a consolidated appeal before the D.C. Circuit that tests whether federal courts retain habeas jurisdiction even after a detainee leaves U...
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The Washington Post published a typically thoughtful editorial today on the idea of an executive order to establish a review process for Guantanamo detainees who lose their habeas cases. Like me, the Pos...
