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Petitioner's Supplemental Brief in Al-Bahlul
[UPDATED 3:18 p.m.] Lawyers for military commission accused Ali Hamza Suliman Ahmad Al-Bahlul have filed their supplemental, what-do-we-make-of-Hamdan brief with the D.C. Circuit. The government's respo... -
Today's Headlines and Commentary
Ismail Khan of the New York Times (not to be confused with the Afghan warlord with the same name) reports that a senior Al Qaeda commander by the name of Abdel Rehman al-Hussainan was killed by a drone s... -
Improved Prospects for a US-Afghan Security Agreement...But at What Cost?
A few weeks ago, I noted a post by Chris Jenks arguing that negotiations for a US-Afghanistan security agreement might come to grief over the issue of criminal jurisdiction over U.S. -
Jonathan Hafetz Replies re: Non-Citizens and the New Feinstein Amendment
Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w... -
Complexities in USG Covert Action to Supply Weapons to Syrian Rebels
Last week I noted that U.S.-blessed Qatari arms shipments meant for Libyan rebels were diverted to Islamist terrorist groups in North Africa. This morning’s papers imply the possibility of something sim... -
Hays Parks on the Demise of the DOD Law of War Manual
Last week in DC, the ABA Standing Committee on Law and National Security put on its annual "review of the field" conference. It was a great event, as always. One of the highlights was a very interestin... -
New AUMF for Africa?
Just after the election, I wrote: As we have often discussed on this blog, and as Bobby has best documented, terrorist organizations that threaten the United States are increasingly difficult to fit und... -
Today’s Headlines and Commentary
Today is the 71st anniversary of the bombing of Pearl Harbor---which is surely a national security event, if there ever was one. I just read FDR’s speech from the day, courtesy of Ben, which is quite pow... -
Feinstein Amendment and Some Policy Dimensions of Citizenship-Based Distinctions
Steve and Marty make what seem to me very valid legal arguments in response to Jonathan Hafetz’s post on Opinio Juris, in which Jonathan argues that the Feinstein Amendment’s principal effect would be to... -
Raha Wala on Jeh Johnson's Oxford Speech
Raha Wala of Human Rights First writes in with this comment on Jeh Johnson's Oxford Speech: Ken and Jack are right that DoD General Counsel Jeh Johnson, in his remarks at the Oxford Union, made a serious... -
Government's Reply Brief in Rimi
The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v. -
Military Detention of Non-Citizens and the Not-So-Negative Implications of the New Feinstein Amendment
As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule f...
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