Habeas lawyer David Remes sent me yesterday the following comments on my earlier post suggesting that it's time for President Obama to embrace Guantanamo. I want to draw attention very briefly to two asp...

"And because the American people deserve to know that special interests aren't larding up legislation with pet projects, both parties in Congress should know this," President Obama said last night in his...

Over at the Huffington Post and again at Human Rights First's blog, Raha Wala (Law and Security Fellow, Georgetown) argues that I am arm-in-arm with Marc Thiessen and Andy McCarthy in "declaring victory"...

This morning the CMCR issued an order calling for fresh briefing and argument in the al-Bahlul appeal, but not in Hamdan (or so I'm told; we'll see, I guess).  Here is the text of the order: Upon conside...

Many will claim that Ghailani’s life sentence vindicates the trial system as a vehicle for incapacitating terrorists.  The verdict is a reminder that civilian trials have a successful track record in inc...

The CMCR has at last ruled on the recusal and en banc issues that have, along with some personnel shuffling, been delaying a ruling in a pair of exceedingly important military commission cases (Hamdan an...

Gabor Rona of Human Rights First sent me the following email this morning in response to my post from last week urging President Obama to make his peace with Guantanamo: You've gotta be suffering from wi...

As Lawfare readers know, I am not above criticizing the New York Times--or its estimable national security correspondent, Charlie Savage. I recently accused the Times' editorial board of lying about th...

That is the title of a discussion on wikileaks next Thursday evening, February 3, at the Columbia School of Journalism, led by two of the central players in the saga: Bill Keller, the Executive Editor of...

Not to be outdone by Ben in terms of posting to other outlets, I have a short piece up at Foreign Policy's website concerning the prospect that military commissions will soon begin moving forward with ne...

The New York Times' Charlie Savage notes an interesting letter sent to President Obama by the new House Armed Services Committee Chairman, Buck McKeon, concerning plans for an executive order establishin...

In an act of shocking infidelity to Lawfare, I posted this on the Brookings web site. For those too lazy to click on the link--or too mortified by my unfaithfulness to dignify it by doing so--here is wha...

I received the following email today from Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, following his reading of Detention and Denial: The Case for Candor After G...

The Washington Post today reports today on a new investigation by Georgetown faculty and students and the Center for Public Integrity about the murder of Daniel Pearl.

[updated to clarify that there are new regs in the works, not a new manual] Charlie Savage reports this morning that Secretary Gates may soon lift an order that has precluded the initiation of new milit...

An interesting opinion yesterday in United States v. Kassir (2d Cir. Jan.

According to CNN, the new chairman of the House Armed Services Committee, Buck McKeon, suggests not closing Guantanamo but expanding it: The chairman of the House Armed Services Committee said he would l...

The D.C. Circuit today announced its decision in ACLU v. Dep't of Defense, a Freedom of Information Act ("FOIA") case in which the ACLU challenged the government's withholding of documents relating to th...

Habeas lawyer David Remes sent in the following thoughts about the Supreme Court's denial of certiorari in Al Adahi today--about which I commented here: That the Court did not grant review is a disappoin...