The government has filed its its opening brief in the Second Circuit Hedges appeal. The introduction reads: This suit is brought by a handful of journalists and activists who, based on their stated activ...

The D.C. Circuit Court's opinion that we've all been waiting for has come down. The D.C. Circuit has vacated Hamdan's conviction for material support for terrorism in the Military Commission and reversed...

Here's a transcript of Defense Secretary Leon Panetta's speech yesterday on cybersecurity in New York: Remarks by Secretary Panetta on Cybersecurity to the Business Executives for National Security, New...

This slipped by me on Friday, when I was in Cambridge plotting the next phase of Lawfare's expansion. The D.C. Circuit has issued an unredacted opinion in this case, Ameziane v. Obama, which actually cam...

Now available on the military commissions docket: this motion, filed earlier this week by a coalition of media organizations as "press intervenors."   In the just-unsealed filing, the group--which includ...

Briefing is now complete on the government’s motion to stay pending appeal in Hedges v. Obama.  (You’ll recall that a circuit judge already stayed the district court’s order temporarily, pending resoluti...

This remarkable Wall Street Journal story came out over Yom Kippur, so I'm late in commenting on it. But it's worth everyone's attention. It opens: About once a month, the Central Intelligence Agency sen...

Remember Nashiri v. MacDonald? That's the civil lawsuit that Abd Al-Rahim Hussein Muhammed Al-Nashiri, a defendant in a military commission case at Guantanamo, brought against Bruce MacDonald, the commi...

Remember Suleiman v. Obama?  That's the habeas case in which the petitioner had claimed, among other things, that he could not be detained because he was merely a Taliban functionary who never took up ar...

The D.C.

Some detainee treatment news here: Attorney General Eric Holder today announced the end of a criminal investigation into the deaths of two detainees while in U.S. custody.

Lawfare readers will recall that in March the Supreme Court ordered the case of Kiobel v Royal Dutch Petroleum to be re-briefed and reargued to address the additional question of whether the Alien Tort S...