Next Tuesday, November 9th, the Court of Appeals for the D.C. Circuit will hear oral argument in Hatim v. Obama, a habeas merits appeal brought by the government.

In Limited War and the Constitution: Iraq and the Crisis of Presidential Legality (forthcoming Michigan Law Review), Bruce Ackerman and Oona Hathaway argue that the October 2002 AUMF for Iraq was subject...

The Miami Herald has posted several interesting documents from the proceedings of Omar Khadr's military commission. The most interesting for Lawfare readers are likely the plea bargain and a pair of dipl...

Kevin Jon Heller makes several challenging points in response to my earlier thoughts on Tom Malinowski's statement on targeted killings. Before you tune this out as a navel-gazing blogosphere back-and-fo...

General Michael Hayden, former Director of the CIA and the NSA, gave an interesting speech on the media and national security last Friday at the Newseum’s conference last Friday on Criminal Law, National...

Speaking of Steve Aftergood, a few months ago over lunch, Steve and I had a lengthy discussion of the state secrets privilege and the problems its use creates in situations of genuine harm and government...

For more than a decade now, Steve Aftergood of the Federation of American Scientists has been on a lonely crusade to get the government to declassify the annual top-line budget number for the intelligenc...

Last week I wrote that Barhoumi v. Obama, one of the government’s D.C. Circuit wins, had an outcome that was tentative because of underlying material the government had failed to produce in the district ...

Today, I had an exchange with a distinguished former terrorism prosecutor for whom I have enormous respect about my oped this morning and my earlier Lawfare proposal for multiple-venue prosecution of the...

That is the title of an oped of mine in the Washington Post, which distills the argument made in this recent post on Lawfare. The oped begins: Here's a simple proposal to break the impasse over how to pr...

I have been thinking a lot over the last couple of days about Tom Malinowski's statement in response to my post about the Lord's Resistance Army (LRA) and drone strikes in Yemen. The more I think about i...

Next Thursday, November 4th, the Court of Appeals for the D.C. Circuit will hear oral argument in Al Alwi v. Obama, a habeas merits appeal.

October has been good to the Justice Department , with a remarkable number of arrests, convictions, and sentences in terrorism-related cases over the past two weeks.  This pattern of success tends to und...

Our national dialogue relating to terrorism pays close attention to every development relating to the detention and prosecution of terrorism suspects--and for good reason.  Yet most of us pay relatively ...

The Miami Herald has posted Omar Khadr's stipulation of fact. Worth a read.

Two weeks ago, I posted these ruminations in response to Human Rights Watch's Executive Director Kenneth Roth's  proposal to use U.S. military force to bring the leader of the Lord's Resistance Army (LRA...

File this under the heading of legal issues looming on the horizon... A major theme of the Wikileaks-Iraq coverage involves the claim that the U.S.

The Toronto Star bellows that "Omar Khadr finally buckled before a discredited American military tribunal and provided the guilty plea it was set up to elicit. But nothing like justice has been done in t...

That is the title of a terrific new essay by Seymour Hersh.

In reading Mary Ellen O'Connell's writings on targeted killing in preparation for our debate this weekend, I was struck by how granular her arguments generally are. She writes in great detail about the c...