Adam Serwer has a very interesting response to my post a few days back about charging KSM and friends in both Article III courts and military commissions. He says he wouldn't oppose the idea, but he does...

William Booth and Nick Miroff have an interesting article in this morning's Washington Post concerning Operation Luz Verde, which was a criminal investigation focused on an effort by the Fernando Sanchez...

In a recent article in the Miami Herald, Carol Rosenberg noted that the government has prevailed on the merits in three straight GTMO habeas proceedings and offered perspectives on what this might signif...

This Obama administration’s caution about using presidential power unilaterally will likely change after the expected surge in republican congressional numbers following the midterm elections.  Glenn Thr...

I intended this post as a challenge to the political Right, not the human rights community, on military commissions. I was, therefore, a little surprised to receive this note from Gabor Rona, internation...

Kevin Heller claims that the D.C. Circuit in its al-Bihani panel opinion has reached the conclusion, with which he agrees, that “there [is] no justification for the government’s attempt . . . to import t...

This is a trial balloon. I'm not 100 percent certain that what I am suggesting is wise, politically astute, or even that it would work legally. I have not thought through all of the implications of what ...

Everyone seems to have very strong views about where to try KSM. I don't. I think there's a defensible case for trying him in a military commission. I think there's a defensible case for trying him in a ...

...is available here.  It's a long opinion, but the long and short of it is that the court did not credit Abebe's claim that he was testifying voluntarily, and that this was dispositive from the point of...

A Dutch court has freed Wesam al-Delaema, convicted in an American Court just last year following his plea of guilty to the charge that he conspired to kill Americans in Iraq as part of the insurgency.  ...

Lawyers for Guantanamo detainee Mohammed Al Adahi have filed a cert petition, which raises the following question:

Two quick thoughts in response to Jack's post from early this morning: First, it bears emphasis that the sort of policy creativity reflected in the dialog between Jack and Rick Pildes concerning options...

I have argued that the Executive branch should rely on military detention, not trial, for the GTMO population.  In practice, this is what the Obama and Bush administrations have been doing, with tiny exc...

Ok, this exchange is funny--in a macabre, morbid sort of way. It's also deadly serious. Foreign Policy magazine has published 14 suggestions for President Obama by 14 prominent people concerning how the ...

Over the past few months, there has been a great deal of ferment on the question of whether the fundamental posture of the Obama administration in counter-terrorism represents change from or continuity w...

Ever notice that the debate over detention law and policy rarely makes reference to the American experience in Iraq over the past seven years?  Ever wonder what lessons, if any, that experience has to of...

Bobby's post today on the comments of, among others, Mary Ellen O'Connell reminded me of something of which I had been meaning to notify readers: Mary Ellen O'Connell and I will be debating the legality ...