The Department of Defense has unsealed Khalid Sheik Mohammed’s response to Judge Pohl’s show cause order – in which the commission had asked the government to explain why the 9/11 defendants should not b...

One of the interesting aspects of blogging for Lawfare is that I get to try on a few new hats.  For years, I have thought of myself as a lawyer and a policy analyst -- hats I get to wear every day and th...

Habeas lawyer David Remes writes in to defend the New York Times's use of 19-to-0 as the government's win-loss record before the D.C. Circuit in habeas cases. He makes, to be honest, a better case than I...

When we last checked in on United States v. Al-Nashiri, the docket indicated that Judge James Pohl had resolved five of the defendant’s pending motions.

Published by Little, Brown and Company (2011) Reviewed by Rabea Benhalim

Over at the Volokh Conspiracy, the estimable John Elwood questions whether columnist Charles Krauthammer has got wrong whether the president has discretion not to deport large numbers of undocumented ali...

As the prospects for real cybersecurity legislation seem to fade, this may be a product whose time has already come and gone.  Nevertheless, for those who want a handy chart outlining (in far too brief a...

Just in time for the weekend, here's the latest in Mingazov. As I noted yesterday, Ravil Mingazov posted his response in opposition to the government's motion to remand his case back to the District Cour...

I missed this super-interesting speech by CIA Director David Petraeus on the relationship between technological change and the transformation, along many dimensions, of intelligence.   (The speech was de...

Congratulations to Scott L. Silliman and William B. Pollard III, both of whom the Senate last night confirmed to be judges of the U.S. Court of Military Commission Review.  Both men must formally be swor...