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I have received a number of inquiries from Lawfare readers about my my new book, Detention and Denial: The Case for Candor after Guantanamo. I am told there were sightings of it at Brookings this past we...
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I disagree with the characterization in David’s latest post of Bush administration practices. But I am not going to change his mind on that issue, so I will end this exchange on my side by noting points...
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[updated to remove/fix typos...]
Mark Mazzetti and Salman Masood for the New York Times report an immensely disturbing development in Pakistan. A Pakistani lawyer named Mirza Shahzad Akbar has filed a ...
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The shape of the pending GTMO transfer ban has morphed yet again. Again Adam Serwer has the update. The long and short of it is that the pending National Defense Authorization Act for Fiscal Year 2011 ...
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David Cole offers the following in response to Jack's and my latest posts on continuity and change in counterterrorism policy between the Bush and Obama administrations:
I’ve now had the chance to read J...
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Here's a little cautionary tale about life in the information anarchy in which we all exist today. It is, I suspect, a metaphor for something, though I'm not sure what. I pass it on as it may amuse some ...
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David Cole sent in the following response to my post of the other day on his earlier New Republic article:
My piece took issue with the claim so often made by all sides of the debate that Obama has conti...
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I'm a little bit grouchy that the argument I made in this speech I keep linking to isn't more a part of the debate over continuity and change between the Bush and Obama administrations than it is. It's n...
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Ben has already commented on David Cole’s TNR essay (subscription needed) about how the Obama approach to counterterrorism differs from the Bush approach. But since David uses my own TNR essay on the su...
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Today the full Judiciary Committee of the House of Representatives held a hearing on the Espionage Act and the Legal and Constitutional Issues Raised by WikiLeaks. Below are links to the prepared witnes...
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Adam Serwer has a goodcatch on this one. As we've noted before, the pending omnibus spending package contains a wholesale prohibition on transfers of detainees from GTMO to United States territory. Or ...
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Last week (and our apologies for the belated update), the D.C. Circuit released the public version of the appellant's brief in another habeas merits appeal, Al Harbi v. Obama.
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Charlie Savage reports in the New York Times that DOJ is considering charging Julian Assange as a conspirator to Bradley Manning’s undoubtedly illegal leak of classified information:
Justice Department o...
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Today, the D.C. Circuit released the public version of the appellant's brief in Al Madhwani v.
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Back in October, I posted a link to a speech I had given some months earlier on continuity and change between the Bush and Obama administrations on counterterrorism. I looked at the question through four...
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Last Friday, the Senate passed, by unanimous consent, S. 372, a bill designed to improve the existing whistleblower protection regime. Senator Daniel Akaka (D-HI) introduced the bill in 2009 to improve ...
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How do we define the scope of military detention authority at the individual level? That is to say, how do we define with precision the necessary and sufficient conditions that make a particular person ...
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Today the D.C. Circuit released, in redacted form, its November order dismissing the government's appeal in Basardh v.
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Last week I raised the question whether Human Rights Watch has altered its position on the scope of application of international humanitarian law (“IHL”)—a topic with tremendous significance for both the...
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I've received a number of interesting responses to my post from Sunday on rewriting the Espionage Act. Two bear particular attention.
