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9/11 Arraignment #2: The Show Begins
The hearing gets under way at 9:23, when Military Judge Col. James Pohl, looking resplendent in his jet-black robes, takes his seat--authority emanating from his very fingers--and calls the military comm... -
9/11 Arraignment #1: And We're Live
The Smallwood theater at Fort Meade is unusually crowded with press today, but not with the usual suspects--who are all down at Guantanamo itself for the big event. Wells and I are joined by Swedish pres... -
Live-Blogging Tomorrow's Arraignment in United States v. KSM et al
A gentle reminder - not that you really needed one, being a devoted Lawfare reader and all - Ben and I will be live-blogging tomorrow's much-anticipated arraignment in United States v. KSM et al. Accor... -
Looking at CISPA
Well, the Cyber Intelligence Sharing and Protection Act passed the House last week. Now that the dust has cleared (and before we move on to the coming Senate battles) it’s probably worthwhile looking at... -
Oral Argument Recap in Hamdan
Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents' worth here. Again, it is an... -
Today's Headlines and Commentary
The news this morning is dominated by the KSM trial, with the alleged co-conspirators' arraignment taking place tomorrow. -
Opinion Denying Motion to Suppress Post-Capture Statements in NYC Subway Plot Case
As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and... -
Our Counterterrorist Federalism
Based on a longer article I’d written on this topic, the Hoover Institution published today my essay “Policing Terrorism”, in its institutional journal, Defining Ideas. Here’s how it begins: In recent mo... -
Washington Post Oped on the KSM Arraignment
Wells and I will be at Fort Meade for the KSM arraignment Saturday morning. In the meantime, I have written an oped in the Washington Post setting the stage and discussing the pivotal importance of this ... -
Reciprocity Dilemma for the Obama Administration in Kiobel: Will the Administration Serve up Sauce for the Gander?
As I have noted previously, the Supreme Court’s March 5 order that the Kiobel case be re-briefed to address the extraterritorial application of the Alien Tort Statute has put the Obama Administration in ... -
No Thoughts on Alsabri--Which is a Thought of Its Own
Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of dete... -
An Exciting Announcement
I'm stoked to announce an exciting change in Lawfare's staffing. Wells Bennett, who has long been a Contributor to the site, is becoming a Special Correspondent, having left his law firm to devote himsel...
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