As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri...

This is, I think, a big deal. Hot on the heels of the fascinating testimony last week from Admiral McRaven and General Allen regarding disposition options for terrorism suspects captured overseas but out...

Last week I posted about testmony from Admiral McRaven and General Allen concerning the lack of U.S.-controlled detention option in a world in which the executive branch does not want to see anyone broug...

I could lard this post with all sort of platitudinous reflections on the continuing relevance of that old 18th Century text. But I'll refrain. Grill some meat. Drink some beer. Watch some pretty explosio...

Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues.  One passage in the exchange struck me as particularly significant.  Deb ...

Deborah Pearlstein answers my question: Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations,writes to ask whether my recent post favoring the Senate’s over...

This will show Rumsfeld! From CNN.com: Tehran, Iran (CNN) -- Iran plans to prosecute 26 current and former American officials, an Iranian lawmaker said Sunday, potentially escalating a tit-for-tat dispu...

My former colleague Eugene Robinson has a column in the Washington post entitled "Assassination by Robot," which seems to me to warrant a brief response. Robinson begins by saying that, "The skies over a...

I was intrigued by this post from a few days ago by Deborah Pearlstein over at Opinio Juris. Entitled "Catching Up with the Senate on Detainee Matters," it concludes as follows: the Senate bill is a subs...

The appointment of Brig. General Mark Martins as chief prosecutor of the military commissions, as Jack and I discussed here and here, is a step of enormous importance in establishing legitimacy for a com...

The White House announcement is here.