Interestingly, it looks like the government will not appeal Judge Kaplan's decision in the Ghailani case, and so the case will move forward in short order after all.

I have a lot to say about the ACLU-CCR brief in Al-Aulaqi, too much for a single post. In addition, this is a busy day for me for non-blogging reasons; my son and I are testing for our black belts in tae...

Dafna Linzer has an amazing story about Uthman Abdul Rahim Mohammed Uthman, an alleged al Qaeda member detained since 2001.  Judge Kennedy granted Uthman’s habeas petition in this opinion, filed in April...

I have now read Judge Reggie Walton’s opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani. In keeping with my usual practice, I will leave it to others to discuss the case...

Judge Reggie Walton's redacted opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani has been declassified. I will have comments once I've read and digested it. The conclusi...

Largely overlooked in Judge Kaplan's Ghailani Order is his statement that Ghailani’s “status as an 'enemy combatant' probably would permit his detention as something akin to prisoner of war until hostili...

After reading the Khan opinion, I find that I don't have a great deal to say about it. It does not significantly alter the discussion of any of the issues Bobby and I have been writing about--save that i...

I was amused, in reading Judge Bates' Khan opinion just now, to run across the judge's account of the scope of the government's detention authority--amused because the New York Times this morning editori...

The opinion by U.S. District Judge John Bates in Khan v. Obama has been declassified in redacted form.

For several years now, Mexico has been plagued by horrific violence associated with drug-trafficking cartels.  Some parts of the country are relatively unaffected.  Other areas suffer appalling levels of...

When I wrote my post this morning on the debate over the Shahzad sentence, I hadn't yet read the New York Times's editorial insisting that "Supporters of the tribunals at Guantánamo Bay, Cuba, who insist...

Ben points out that one can easily overstate the lessons to be learned from yesterday's life sentence for Faizal Shahzad, it terms of the debate concerning civilian prosecution/military prosecution/milit...

The New York Times editorial page today notes that the Faizal Shahzad prosecution culimatined in a life sentence within less than six months of his attempt to bomb Times Square, and points out the rather...

[The following post is written by Phillip Carter, a former Army officer and Deputy Assistant Secretary of Defense for detainee policy, who practices law at McKenna Long & Aldridge LLP, and who co-authore...

There are several reports circulating in the media concerning Monday's drone strike in Pakistan, the one said to have killed a group of men from Germany linked to recent warnings of an impending attack i...

One of the questions I have been fascinated by over the past year, but unable to shed much light on, is how the court rulings in the Guantanamo habeas cases play out in the field. We tend to think of the...