As a former editorial writer of almost a decade, I find my sense of craft offended by this editorial on the state secrets privilege in the New York Times the other day. Put simply, it bugs me that the pa...

Nine years after it was enacted in response to the September 11 attacks, the Authorization to Use Military Force (AUMF) remains the primary basis for detaining and targeting terrorists who threaten the U...

Over at Concurring Opinions, Gerard Magliocca notes the Supreme Court’s cert.

The Al Kandari opinion declassified yesterday does not present a particularly interesting fact pattern. The case, however, is deeply interesting in one respect, which is that it shows methodological move...

Judge Colleen Kollar-Kotelly's opinion in Al Kandari v. U.S., some background on which I offered background here, is now declassified and available. It is lengthy and I have not read it yet but will offe...

Further to my earlier post on the FY2010 Intelligence Authorization Act, the full text of the bill and the precise details of the compromise among the White House, Senate, and House can be found here (FA...

For about a year and a half after the Supreme Court's 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation.  Beginning in J...

The Supreme Court granted cert. today in General Dynamics v. United States and Boeing v.

Adam Serwer of the American Prospect has a typically thoughtful post on the government's Al Aulaqi brief, notable for his taking the government's arguments seriously even in dismissing them.

[FINAL UPDATE: Please disregard this original post, and instead look to my summary of the actual bill posted on 9/29/10] [update: some have suggested to me that my impression of the bill will be differe...

Here's an interesting addition to our discussion of Lindsey Graham's Guantanamo habeas legislation. Walter Kuhn, Minority Chief Counsel on the Senate Judiciary Committee's Subcommittee on Crime & Drugs, ...

In the aftermath of the Israeli/Gaza "flotilla" incident, the U.N. Human Rights Council appointed a panel to investigate potential violations of both international humanitarian law and international huma...

David Cole has a new article on Guantanamo in the New York Review of Books. There is a great deal in David's article with which I disagree, both tonally and substantively. But his piece, as with a fair b...

In my previous post, I argued that the government's Al Aulaqi privilege claim, for all the attention it is getting, is not the grounds on which the government wants to get this case thrown out.

Jack has already pointed out that the government's invocation of the states secrets privilege in its Aulaqi brief is reluctant, even grudging. If anything, he is understating the point. Some press covera...

The USG’s brief in Al-Aulaqi, the targeted killing case, reveals a great deal about the Obama administration’s thinking about its legal authorities. 1.         Perhaps  most noteworthy is the brief's re...

Jack has already posted the government's brief in opposition to the ACLU's and CCR's request for a preliminary injunction and in support of its motion to dismiss. The government, however, filed some othe...