I received the following note today from Guantanamo lawyer David Remes in response to my post from Friday on recidivism: Ben raises important questions in his “Thinking about Recidivism” post, but to put...

The New York Times has, for the second time, glibly proposed establishing a new court to authorize killing people.

M.E. “Spike” Bowman, former senior counsel at the FBI and deputy director of the National Counterintelligence Executive, has an interesting piece in the Intelligencer opposing clemency for Jonathan Jay P...

"Don't Charge Wikileaks," say my beloved former colleagues at the Washington Post editorial page this morning. The Post argues that, Such prosecutions are a bad idea. The government has no business indic...

I find myself agreeing with those who think Assange is being unduly vilified.  I certainly do not support or like his disclosure of secrets that harm U.S.

Sen. Lindsey Graham has called for a halt to transfers from Guantanamo in light of the recidivism rate reported by the Director of National Intelligence. A few thoughts on this general subject: First, w...

You have to read to the bottom of Charlie Savage's New York Times story on Attorney General Holder's letter to get to this bit: Meanwhile, officials were bracing for the possibility that WikiLeaks may re...

One of many reasons why America’s digital networks are so insecure is that so many ordinary computers users do not take computer security – firewalls, up-to-date anti-virus software, and the like – serio...

"Follow the Money" reads the headline of today's New York Times editorial, which--along with the news story that inspired it--rank among the most hypocritical journalism I have read in a while. The edito...

Attorney General Holder has sent this letter to Senators Reid and McConnell, objecting to the GTMO-transfer restrictions in the pending Continuing Resolution bill as an "extreme and risky encroachment on...

Yesterday, Lyle Denniston posted a recap of all eight currently pending detainee cert. petitions over at SCOTUSblog. Three of those eight cover what we might call transfer and release issues. Petitioners...

Reacting to the decision yesterday in al-Aulaqi, Human Rights Watch has sent a letter to President Obama, in the name of HRW’s President Kenneth Roth, setting forth HRW’s views on the legal issues associ...

A while back, Jeff Rosen and I started a project at Brookings trying to imagine areas in which technology threatens to render constitutional principles or values obsolete and how judges, legislators, and...

Well, this no doubt will contribute the burgeoning conversation about the pros and cons of sting operations. The criminal complaint is here.  From the press release: BALTIMORE - Antonio Martinez, aka  Mu...

Rounding out the public merits briefs in Uthman v. Obama, yesterday the government's public reply brief became available.  Below we link to that brief, the other two public merits briefs, and Judge Henry...

(hat tip: Charlie Dunlap)  OFAC has issued a final rule amending the TSR and GTSR sanction regimes to expand the options for designated entities to pay for certain legal services.  Presumably this is at ...

[Update: Josh Gerstein at Politico reports that the White House has now expressed its opposition at least to section 1116, raising a question as to whether this will sail through easily after all.] Jack...

Five thoughts on Judge Bates' Al Aulaqi decision: First, as far as I'm concerned, there is really only one surprising thing about the decision, whose holdings any Lawfare reader could have anticipated r...