We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been...

All too often in Washington, we focus our attention on the "important" legal issues and lose sight of the fact that most of the law and policy is made at a lower level where significant legal and plannin...

I have thus far stayed fairly mum on the FY2013 National Defense Authorization Act, if for no other reason than the 150 exams (now 80) that I have to grade.

As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court's nine Justices are set to review at their Conference this Friday. I just thought I'd f...

As Bobby noted previously, Rep. Adam Smith and others are proposing amendments to this year's NDAA that would make certain changes to the detention-related provisions implemented by last year's NDAA.  Am...

An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed--a case that receives little attention, b...

Writing at Foreign Policy, Chris Rogers of Open Society Foundations criticizes Afghanistan's plans for a non-criminal detention system (something occurring as part of the process of the U.S. turnover of ...

Just in from the Congressional Research Service, this report compares the rights of defendants tried in military commissions to those tried in federal criminal court. Presumably because of the commenceme...

Back in March, I posted a guest post by Haridimos Thravalos on the history of conspiracy prosecutions in military commissions.