The D.C. Circuit just released its opinion in Salahi v.

I certainly agree with Adam Serwer's point in this post that it will be mindless and destructive if Republicans really tried to prevent transfers from Guantanamo. Along the way, however, Adam makes the f...

When last we left the question of targeted killings, Kevin Jon Heller and I were arguing over how to read Tom Malinowski's statement on behalf of Human Rights Watch on the subject. Considering the questi...

I just returned from the D.C. Circuit's Al Alwi oral argument--or, at least, the portion of it that the court conducted in open session. Here is a quick and dirty summary. Al Alwi is not one of the impo...

In my post below regarding the AUMF and the possible AQ/AQAP distinction, my main point was to suggest that there is a strong argument for treating AQAP as part-and-parcel of al Qaeda itself, in arguable...

Al Qaeda in the Arabian Peninsula (“AQAP”) has been much in the news this year thanks to the attempted Christmas Day Bombing last December, the ACLU/CCR lawsuit challenging the government’s alleged plans...

Steve Aftergood has the link, and very useful commentary, here. Two important points highlighted by Steve: (i) The FISC remains obligated under its own Rule 3 to comply with EO 13526, which among other...

This election wasn't fought over the issues we deal with here at Lawfare. It was about the economy, jobs, spending, health care, and all that jazz.

(with Benjamin Wittes) On Thursday, D.C. Circuit Judges David Tatel, Merrick Garland, and Stephen Williams will hear oral arguments in Al Alwi v. Obama. The argument will proceed in open session, followe...

Next Tuesday, November 9th, the Court of Appeals for the D.C. Circuit will hear oral argument in Hatim v. Obama, a habeas merits appeal brought by the government.

In Limited War and the Constitution: Iraq and the Crisis of Presidential Legality (forthcoming Michigan Law Review), Bruce Ackerman and Oona Hathaway argue that the October 2002 AUMF for Iraq was subject...

The Miami Herald has posted several interesting documents from the proceedings of Omar Khadr's military commission. The most interesting for Lawfare readers are likely the plea bargain and a pair of dipl...

Kevin Jon Heller makes several challenging points in response to my earlier thoughts on Tom Malinowski's statement on targeted killings. Before you tune this out as a navel-gazing blogosphere back-and-fo...

General Michael Hayden, former Director of the CIA and the NSA, gave an interesting speech on the media and national security last Friday at the Newseum’s conference last Friday on Criminal Law, National...

Speaking of Steve Aftergood, a few months ago over lunch, Steve and I had a lengthy discussion of the state secrets privilege and the problems its use creates in situations of genuine harm and government...

For more than a decade now, Steve Aftergood of the Federation of American Scientists has been on a lonely crusade to get the government to declassify the annual top-line budget number for the intelligenc...

Last week I wrote that Barhoumi v. Obama, one of the government’s D.C. Circuit wins, had an outcome that was tentative because of underlying material the government had failed to produce in the district ...

Today, I had an exchange with a distinguished former terrorism prosecutor for whom I have enormous respect about my oped this morning and my earlier Lawfare proposal for multiple-venue prosecution of the...

That is the title of an oped of mine in the Washington Post, which distills the argument made in this recent post on Lawfare. The oped begins: Here's a simple proposal to break the impasse over how to pr...

I have been thinking a lot over the last couple of days about Tom Malinowski's statement in response to my post about the Lord's Resistance Army (LRA) and drone strikes in Yemen. The more I think about i...