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 ...

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...