Much will, no doubt, be written about the destruction of Malaysian Flight 17 today over Ukraine.  Early speculation is that the plane may have been destroyed by Ukrainian separatists, who deny the charge...

If you've been focused the last few weeks on ISIS, on Gaza, on the Iran deal, or on the Afghan elections, you might have missed the precipitous decline of U.S.-German relations that is taking place befor...

Marty and Steve’s post on al Bahlul (and Steve’s post here) is right that the D.C.

This morning, Marty Lederman and I have posted a detailed analysis of Monday’s en banc D.C. Circuit decision in al Bahlul—and what it portends for the future of military commissions, especially with resp...

In Al-Bahlul, the en banc D.C. Circuit resolved some quite important issues regarding military commissions, but declined to address other no less important ones. Among other things, the full court opted ...

Hot on the heels of the transatlantic dialogue event in Germany on surveillance law and policy, about which Russ has a fascinating post here, I'm happy to report that there is a similar event taking plac...

The Germans are angry.  They have been simmering since Edward Snowden’s disclosures last summer revealed the startling extent of American intelligence-gathering and data-collection activities in Europe. ...

Steve says of yesterday’s Bahlul decision.

This morning, the full D.C. Circuit resolved military commission defendant Ali Hamza Ahmad Suliman al-Bahlul’s’s long-running appeal, in split fashion: by rejecting al Bahlul’s challenge to his conspirac...

Over at the Washington Post, reporter Barton Gellman has a lengthy article on his (and his coauthors') reporting methods and ethical choices in their recent story on the large ca

I am thumbing through the long-awaited and seemingly split ruling, which opens as follows:

As readers of this blog will know, after the Second Circuit released a redacted copy of the OLC’s “drone memo,” those of us who represent Omar Khadr filed a motion with the U.S.