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...

In response to my call the other day for readers to poke holes in what seems to me an interesting state secrets argument, Peter Margulies wrote in with the following (I have edited his note slightly to g...

That is the title of a new report by the National Security Research Group, a student student-run organization at Harvard Law School devoted to analyzing concrete national security legal problems in ways ...

This is admittedly a slight tangent from the Lawfare's broad themes, but Eugene Volokh drew my attention the other day to this statement on free speech, issued by a group of Muslims in the United States ...

This morning, I had a bit of correspondence with an administration lawyer in response to my critique of the New York Times's state secrets editorial. This lawyer agreed with my argument, but made an addi...

Here's a suggestion for the New York Times editorial page: Hire Adam Serwer. He's a liberal blogger over at the American Prospect who is everything the New York Times editorial page is not: consistently ...