My to-read shelf is getting unmanagebly stacked. Today's addition: Jonathan Hafetz's new book from NYU Press, Habeas Corpus After 9/11: Confronting America's New Global Detention System. According to Ama...

Further to Jack's post summarizing the OLC opinion on Libya, here is a point-by-point summary of the document's legal analysis (I agree very much with Jack's take on the implications of all this): 1.

The Justice Department’s Office of Legal Counsel has just published its opinion in support of its view that “the President had constitutional authority, as Commander in Chief and Chief Executive and purs...

Below find the prepared hearing testimony from yesterday's hearing before the full Senate Judiciary Committee. April 6, 2011: The Electronic Communications Privacy Act: Government Perspectives on Protec...

Alejandro Manevich, a lawyer in Ontario and one of my oldest friends, writes in with the following: I have an idea for your Lawfare contest.  As a friendly amendment to Luis Dickson's proposal, might I s...

Below find the prepared hearing testimony from two recent hearings of the House Judiciary Committee's Subcommittee on Crime, Terrorism and Homeland Security. One is the March 30th hearing on the permanen...

Luis M. Dickson's truly heroic effort to chart a path by which the Obama administration could conceivably live under the law as articulated by the New York Times editorial board seems, alas, to have hit ...

The first Lawfare contest--to come up "with a strategy for KSM that is both unambiguously lawful under [the law as stated in recent] New York Times editorials and politically conceivable on Planet Earth"...

Steve Aftergood is reporting at Secrecy News: The Senate Intelligence Committee is proposing to punish leaks of classified information by authorizing intelligence agencies to seize the pension benefits o...

Yesterday, I wondered how the New York Times would treat Attorney General Holder's announcement of a military commission trial for the September 11 conspirators: "Will the Times praise Holder for respect...

I am really--and I mean really--looking forward to the New York Times editorial on Holder's announcement.

The Supreme Court today denied three pending petitions for certiorari: Al Odah v. Obama (No. 10-439), Awad v. Obama (No. 10-736), and Al Bihani v. Obama (No. 10-7814).

I don't disagree with Eric Holder's complaint regarding the role Congress has played in tying the Executive Branch's hands with respect to bringing the 9/11 conspirators to trial. In fact, I strongly agr...

The statement of Attorney General Holder appears below.  The just-unsealed indictment from SDNY to which he refers is posted here, and the five-page nolle prosequi filing is here (more thoughts on all of...

[Earlier today I posted what I thought was a newly-issued decision by Judge Hogan, dismissing as moot habeas claims by former GTMO detainees.  However, this opinion was not issued on APril 1 THIS year, b...

We've seen several reports that the Obama Administration is poised to announce, at a 2 P.M.

A very smart friend of mine over the weekend mentioned to me that the link in Larry Solum's post about my new paper last week did not, in fact, take him to my new paper about "Defamation and Treason in t...

As part of my blood oath to spend the next few years writing on subjects other than detention, I have just released this paper on the inadequacy of privacy as a conceptual framework for regulating person...

Over at SCOTUSblog, Lyle Denniston takes note of the fact that the Supreme Court during last Friday’s conference had before it the cert. petitions for several GTMO-related cases.

The D.C. Circuit also heard oral arguments today in El Falesteny v. Obama, some sort of Guantanamo case that is kept so tightly under seal that even the subject matter of the appeal seems to be a mystery...