Luis M. Dickson's truly heroic effort to chart a path by which the Obama administration could conceivably live under the law as articulated by the New York Times editorial board seems, alas, to have hit ...

The first Lawfare contest--to come up "with a strategy for KSM that is both unambiguously lawful under [the law as stated in recent] New York Times editorials and politically conceivable on Planet Earth"...

Steve Aftergood is reporting at Secrecy News: The Senate Intelligence Committee is proposing to punish leaks of classified information by authorizing intelligence agencies to seize the pension benefits o...

Yesterday, I wondered how the New York Times would treat Attorney General Holder's announcement of a military commission trial for the September 11 conspirators: "Will the Times praise Holder for respect...

I am really--and I mean really--looking forward to the New York Times editorial on Holder's announcement.

The Supreme Court today denied three pending petitions for certiorari: Al Odah v. Obama (No. 10-439), Awad v. Obama (No. 10-736), and Al Bihani v. Obama (No. 10-7814).

I don't disagree with Eric Holder's complaint regarding the role Congress has played in tying the Executive Branch's hands with respect to bringing the 9/11 conspirators to trial. In fact, I strongly agr...

The statement of Attorney General Holder appears below.  The just-unsealed indictment from SDNY to which he refers is posted here, and the five-page nolle prosequi filing is here (more thoughts on all of...

[Earlier today I posted what I thought was a newly-issued decision by Judge Hogan, dismissing as moot habeas claims by former GTMO detainees.  However, this opinion was not issued on APril 1 THIS year, b...

We've seen several reports that the Obama Administration is poised to announce, at a 2 P.M.

A very smart friend of mine over the weekend mentioned to me that the link in Larry Solum's post about my new paper last week did not, in fact, take him to my new paper about "Defamation and Treason in t...

As part of my blood oath to spend the next few years writing on subjects other than detention, I have just released this paper on the inadequacy of privacy as a conceptual framework for regulating person...