In his thoughtful critique of Jack and my recent statements, Ken Jost makes three distinct points that are each worthy of consideration. I will address them in turn. First, he writes, "The supposed dile...

Glenn Greenwald has an interesting response to my post on the patriotism of American media, but he exaggerates the significance of the media’s patriotic bent, and he misses some important points. To beg...

Kenneth Jost of CQ Press and the Jost on Justice blog critiques Jack and me for our suggestions that it's time for President Obama to embrace Guantanamo: In a controversy with national security hawks on ...

Speaking of Al Warafi, I promised after the oral argument a few weeks back that I would reality-check my summary of the argument on a key point against the transcript of the argument when one became avai...

Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I in...

In its story last week about the ties between the CIA and Raymond Davis, the American recently arrested in Pakistan, the New York Times offered this explanation for why it sat on the story: The New York ...

Daphne Eviatar and I have an interesting exchange underway, one that I think nicely illustrates some of the key points of legal disagreement that underly the detention debate (such as whether the ICCPR a...

Michael Hastings – the journalist who brought down General Stanley McChrystal – has a new piece in Rolling Stone alleging that General William Caldwell, who is in charge of training Afghan security force...

The Economist has run a thoughtful and interesting column on my idea that President Obama should embrace Guantanamo. The column contains a few factual errors. It attributes this argument to my book, Dete...

The other day, in response to this column by Marc Thiessen suggesting that Obama should bring more high-value detainees to Guantanamo, I wondered whether Thiessen really understood the gravity of what he...

A little while back I posted comments from Raha Wala (Human Rights First) concerning military commissions.  Those comments have spurred the following response from John Dehn (West Point), which appears b...

* United States v. Aldawsari (N.D. Tex. Feb.

Yesterday I drew attention to a piece by Daphne Eviatar (Human Rights First) concerning the DRB process for screening detainees in Afghanistan, emphasizing the following passage: Under international law,...

In a short piece published at Politico on Monday, Daphne Eviatar (Human Rights First) made a rather bold claim concerning the Detention Review Board process in Afghanistan: Under international law, a det...

In a very interesting essay in the new National Interest, Eric Posner contends that the supposed threat of "lawfare" is much over-hyped.   His concluding paragraph captures the broad outline of his argum...

Habeas lawyer David Remes writes with the following comments in response to my post yesterday objecting to the Scalise Amendment: You're right that Congress shouldn't bar Ambassador Dan Fried and his sta...

Yesterday, I drew attention to the mindless House amendment designed to zero out funding for State Department efforts to resettle Guantanamo detainees. I have  a proposed name for this amendment: The Let...