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One More Thought on Charlie Savage's Story
I have little to add to Jack's excellent post yesterday about Charlie Savage's fascinating New York Times story on the latest dispute within the administration on the scope and reach of the AUMF. But I d... -
Stay Tuned for Suleiman
An update: we've attended today's oral argument in Suleiman v. Obama, at the D.C. Circuit. For scheduling reasons, however, we'll have to delay posting a recap of the argument until Monday. Stay tuned ... -
John Brennan's Remarks at HLS-Brookings Conference
Here is the prepared text, released by the White House, of John Brennan's speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very intere... -
Liveblogging Session 2: Keynote Address of Deputy National Security Advisor for Homeland Security, John O. Brennan
Professor Blum welcomes the audience back and invites Professor Dan Meltzer to introduce John Brennan. Meltzer provides a short biography for Brennan and notes that he has been a key actor in shaping the... -
Liveblogging Session 1 – Opening Remarks and Panel 1: “What Can and Cannot Be Learned From the 'War on Terrorism' For Other Threats?"
With a few moments to go before the HLS-Brookings Program on Law & Security’s inaugural event begins, I wanted to briefly introduce myself to the Lawfare community. As Ben mentioned in an earlier post, ... -
A Final Round in the Margulies-Heller Exchange re Al-Bahlul
Kevin writes in with a final round of thoughts in his exchange with Peter in regards to the CMCR decision in al-Bahlul: Peter continues to miss the central issue in al-Bahlul: namely, whether “any of the... -
Liveblogging the HLS-Brookings Conference Today and Tomorrow
Beginning this afternoon, the Harvard Law School-Brookings Project on Law and Security will host its inaugural event: "Law, Security, and Liberty after 9/11: Looking to the Future." It will take place at... -
Warafi Habeas Ooops
It looks like I missed a habeas decision a few weeks ago. According to a docket entry of which I only became aware this morning, federal district Judge Royce Lamberth has ruled on the remand in the case ... -
Thoughts on the Latest Round of Johnson v. Koh
Charlie Savage has a story about a dispute between DOD General Counsel Jeh Johnson and State Legal Advisor Harold Koh over the scope of the president’s legal authority to target members of al Qaeda-affil... -
Hentif Opinion Released
More than a month ago, U.S. District Judge Henry Kennedy denied the habeas petition of a Guantanamo detainee named Fadhel Hussein Saleh Hentif (ISN 259). The opinion was classified at the time, but has n... -
Margulies Replies to Heller on the CMCR Decision in Al-Bahlul and the NMT Precedents
The next round in the Margulies-Heller exchange (here and here) comes from Peter: Thanks to Kevin for his very thoughtful response. I share Kevin’s wariness about making mere membership a wa... -
Today's Headlines and Commentary
The Associated Press (via The Washington Post) reports that Tunisia is sending a mission to the United States to convince the U.S. to release the five Tunisians who are still being detained in Guantanam...
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