Here is the video of my debate with Mary Ellen O'Connell of Notre Dame law school on targeted killings and drone warfare on Saturday at International Law Weekend in New York. I will have a lot to say ove...

Judge A. Raymond Randolph, in his speech the other day at the Heritage Foundation, addressed two intertwined but ultimately distinct issues: Whether the Supreme Court's Boumediene decision is historicall...

Earlier this week Michael Isikoff wrote about the classified secrets revealed by top officials in Woodward’s Obama’s Wars and asked whether there is a double standard in the Obama administration’s prosec...

Brookings Legal Fellow Larkin Reynolds, who has been working with Bobby and me on a second edition of our monograph on "The Emerging Law of Detention," recently handed me a chart she had constructed that...

The New York Times reports today that the “Obama administration has adopted new procedures for using the Defense Department’s vast array of cyberwarfare capabilities in case of an attack on vital compute...

One of the many headaches associated with the GTMO habeas litigation concerns the process of deciding which items of information used in the litigation should be treated as "protected information" that c...

Habeas lawyer David Remes sent in the following in response to my response to Gabor Rona--who in turn was responding to this post. I am going to let David have the last word here: Ben's response to Gabor...

Judge Richard Leon has issued an opinion denying a writ of habeas corpus to an Afghan national named Obaydullah in the latest Guantanamo habeas case. The brief opinion follows Judge Leon's usual practice...

Judge John Bates issued the following order in Al-Aulaqi yesterday: MINUTE ORDER: Pursuant to plaintiff's request (to which defendants have not objected) made during the parties' joint telephone confere...

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 ...