I promised earlier that I would describe my exceedingly mixed feelings about the stories today that President Obama is preparing to issue an executive order outlining a Guantanamo review process.

Ben beat me to the punch in noting the stories by Dafna Linzer (ProPublica) and Peter Finn and Anne Kornblut (Washington Post) to the effect that the White House will soon announce an executive order cre...

If you haven't wasted a few minutes playing with Google Ngram, you've got to give it a ride.  The basic idea, as I understand it, is that Google has put together a vast database of every word in every bo...

The Washington Post and Propublica are both reporting that the Obama administration is readying an executive order laying out a process for long-term detention for Guantanamo detainees. I will post some ...

[Update: Readers should also check out John Radsan's just-published paper on CIPA reform, in Cardozo Law Review, here.  Further update: the server hosting that paper is down until the afternoon of Dec. 2...

Gregg Easterbrook of TMQ making a point similar to one I have been harping on (thanks to Paul Stephan for pointing me to it): Leaks Don't Come Out of the Sky: Is the WikiLeaks disclosure of Pentagon and ...

David Rivkin Jr. and Lee A. Casey have this oped in today's Wall Street Journal. As it is behind a paywall, I will maximize my fair use rights to bring its argument to the attention of Lawfare readers. T...

Today the D.C. Circuit released the public version of the appellant's brief in another habeas merits appeal, Abdah v. Obama, No. 10-5319. In this case, the government appeals Judge Henry Kennedy’s July 2...

For the past several months, the Obama administration has been in a weird limbo about Guantanamo. On the one hand, it has barely lifted a finger to effectuate its declared policy of closing the facility-...

A few of the habeas merits appeals before the D.C. Circuit were just scheduled for oral argument.  Here are the dates and panel assignments: Al Warafi v. Obama: Oral argument will be held February 7, 201...

I have received a number of inquiries from Lawfare readers about my my new book, Detention and Denial: The Case for Candor after Guantanamo. I am told there were sightings of it at Brookings this past we...

I disagree with the characterization in David’s latest post of Bush administration practices.  But I am not going to change his mind on that issue, so I will end this exchange on my side by noting points...

[updated to remove/fix typos...] Mark Mazzetti and Salman Masood for the New York Times report an immensely disturbing development in Pakistan.  A Pakistani lawyer named Mirza Shahzad Akbar has filed a ...

Here's a little cautionary tale about life in the information anarchy in which we all exist today. It is, I suspect, a metaphor for something, though I'm not sure what. I pass it on as it may amuse some ...

David Cole sent in the following response to my post of the other day on his earlier New Republic article: My piece took issue with the claim so often made by all sides of the debate that Obama has conti...

I'm a little bit grouchy that the argument I made in this speech I keep linking to isn't more a part of the debate over continuity and change between the Bush and Obama administrations than it is. It's n...

Ben has already commented on David Cole’s TNR essay (subscription needed) about how the Obama approach to counterterrorism differs from the Bush approach.  But since David uses my own TNR essay on the su...