Two opposite mistakes in an after-the-fact review of a terrorist incident are equally damaging. One is to fail to recognize the powerful difference between foresight and hindsight in evaluating how an in...

I spent this morning at the MILOPS conference watching a series of presentations on China's maritime disputes with its neighbors in the East and South China Seas. Because of the ground rules of the confe...

We'll hear next from a much-anticipated witness called by the defense: an Army psychiatrist who---as Judge Pohl rules from the bench, overruling defense objections---will testify under a pseudonym after ...

The Office of the Director of National Intelligence last week publicly released a new Intelligence Community Directive (ICD 119) establishing policies for contacts between the media and personnel inside ...

As Ritika noted, White House Cybersecurity Coordinator Michael Daniel today announced some aspects of the government’s policy on disclosing cyber vulnerabilities.

We shuffle things around a bit, first by putting off AE263 temporarily.  It appears that motion, along with related litigation concerning hearsay statements offered by the prosecution, will be postponed ...

Tuesday morning, Philippines time, finds me in Manila---not with President Obama, but at the U.S.

Michael Daniel, White House Cybersecurity Coordinator, just published this important post on the White House blog about how and when the government decides to disclose cyber vulnerabilities: When Presid...

Yesterday, and in a somewhat unusual turn, court and counsel at Guantanamo met for the last day of a pre-trial motions hearing in United States v. Al-Nashiri.

Can the military commissions be improved?  Recent events squarely raise the question.  A New York jury recently convicted Osama Bin Laden’s son-in-law of conspiracy to kill Americans and other terrorism-...

Denied without comment today, by the United States Supreme Court: the petition for a writ of ceritorari in Hedges v. Obama. 

Here it is.  The remarks of Brig. Gen. Mark Martins, the Chief Prosecutor at the military commissions, open thusly: In my remarks two weeks ago, I highlighted one woman’s bewilderment at how the open mil...

Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation.

In May I will be participating in a conference at the Hague Institute for Global Justice.  Part of the Global Governance Reform Initiative, the conference is entitled "