What appears to be one of the most significant changes in U.S. detention policy announced by the White House yesterday was not included in the new Executive Order but, rather, was buried at the very en...

Rep. Peter King, Chairman of the House Committee on Homeland Security, has been taking a beating for his planned hearing on radicalization in the Muslim-American community--and that is probably not unjus...

Over the last week, the Department of Justice has been busy filing responses to several of the Guantánamo detainees’ cert. petitions: It has submitted four briefs to the Supreme Court in the span of just...

I expected that today's Executive Order would be criticized in some quarters on the ground that the status quo should not be further institutionalized in this way (a position that is, in my view, the ver...

This afternoon the D.C. Circuit responded to the government's request for a temporary stay in Almerfedi v. Obama by granting the motion.

I could pick nits about the President's Executive Order, but I don't feel like it. The truth of the matter is that this is pretty good policy. There are minor things I might have done differently, but th...

Today's executive order on GTMO detention review ("Periodic Review of Individuals Detained at Guantanamo Bay Naval Station Pursuant to the Authorization for Use of Military Force"; see also the fact shee...

The administration today released its much-anticipated executive order on detention policy: Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use o...

As expected, today the government did appeal to the D.C. Circuit Judge Friedman's decision to deny its motion for a stay pending the merits appeal of Almerfedi v. Obama. The government wrote in its emerg...

I recently posted comments from John Dehn (West Point) responding to comments from Raha Wala (Human Rights First) on the military commission system.  Raha has now written a reply to John: I appreciate Pr...

On Thursday morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in the latest in a long string of habeas appeals to make their way up the appellate chain: Masaab Al-Madhwani v. Bara...

“I think the international community’s is going to come together . . . to try to have a coordinated effort to bring pressure on Gadhafi,” said White House Chief of Staff Bill Daley, yesterday, on Meet th...

More happened in Almerfedi v. Obama last week than just the release of the final public merits brief. Yesterday Judge Friedman denied the government's motion for a stay of the district court's order pend...

Here is the video of my talk today at Politics & Prose on Detention & Denial: The Case for Candor After Guantanamo. It is broken up into four segments. My thanks to Politics & Prose for hosting me and to...

I have been meaning for some time to post thoughts on the recent habeas denial in the case of Mashour Abudllah Muqbel Alsabri. It has slipped, however, because the opinion by Judge Ricardo Urbina, at 60 ...

The legal issues – domestic and international – of a possible U.S. military intervention in Libya are pretty straightforward, and we shall discuss them in due course if an intervention comes to pass.  Me...