I largely agree with Steve Vladeck's excellent post on Judge Richard Posner's decision yesterday in Daoud and Judge Ilana Rovner's concurrence in that decision.

Paul already flagged yesterday’s Seventh Circuit decision in Daoud, in which the Court of Appeals reversed Judge Coleman’s headline-grabbing order—which had required the government to provide Daoud’s sec...

The Supreme Court held today in Republic of Argentina v. NML Capital that the Foreign Sovereign Immunities Act does not limit the scope of discovery available against a foreign sovereign in a post-judgme...

Such is the import of this letter, sent today by President Obama to the Speaker of the House.  The letter says, in pertinent part: Dear Mr. Speaker: (Dear Mr. President:) Starting on June 15, 2014, up t...

The case is US v. Daoud.  The district court had ordered disclosure of certain FISA materials that were classified to defense counsel.  The 7th Circuit, per Judge Posner, reversed.  The money quote: The ...

In recent months, targeted sanctions on Russian and Ukrainian companies and individuals have formed the core of American and European Union (EU) efforts to deter Russia from escalating the conflict in Uk...

We’ll hear reply argument now, on the defense's filings in the AE292 series----which arise because of past FBI interviews of defense team personnel, and which ask the court to abate the proceedings and a...

Along with three co-authors, I've just released a paper through The Heritage Foundation entitled: "Protecting Internet Freedom and American Interests: Required Reforms and Standards for ICANN Transition....

James Connell III, Learned Counsel for Ammar Al-Baluchi, begins on a procedural note: the defense’s motion is less about wrongdoing, and more about the path forward. The court must perform an inquiry, th...

It’s on again.  After brief housekeeping, we quickly turn to the substance---and in particular to AE292 and 292T, pleadings jointly filed by the defense, and both asking for a wider inquiry into the gove...

Our special session convenes.  The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused.  But, and consistent with the unique n...

At 0900, the fun resumes at Fort Meade's Smallwood Hall, where (as always) your correspondent will view, via CCTV, pre-trial proceedings in United States v. Mohammed et al.   On the agenda for our two-d...

You'll find it here.  We'll cover the two-day mini-hearing, which will commence tomorrow at 0900 down at Guantanamo. The statement opens: Good evening and Happy Father’s Day. I refer to Father’s Day wit...

Some years ago, I happened to be in London mid-November and had lunch with a dear friend, my long-time editor at the Times Literary Supplement. I noted he wore a small felt flower--a poppy, I realized--i...

The question on everyone's lips is whether the United States will use force – most likely air strikes -- in Iraq to help suppress the threat posed by ISIS.  Jack, Wells, and Bobby discussed here, here, a...

Editor’s Note: The carnage in Syria is a nightmare for the country’s neighbors, saddling them with huge numbers of refugees, riling up public opinion, and creating a risk of terrorism. Turkey, one of Ame...