Latest in Highlights
Published by The Lawfare Institute in Cooperation With 
-
Why No Veto Threat Here?
The administration just issued a Statement of Administration Policy on a DHS appropriations bill (H.R. 2017), which contains a spending restriction similar to one of the Guantanamo transfer restrictions ... -
A Note on Lawfare's Facebook Page
After a bit of a slow start, Lawfare's Facebook page is picking up steam. Just under 300 people have "liked" Lawfare (you should too if you haven't), and people are starting to leave comments on the site... -
Military Commission Proceeding Against the 9/11 Defendants (KSM and Others) Inches Closer
DOD has just announced that charges have now been sworn by military commission prosecutors in the case against KSM and four others linked to the 9/11 attacks. From DOD's press release: T... -
DOJ Announces Arrest in Kentucky of Two Men Involved in IED Attacks in Iraq
Last week I posted about the views of some in Congress who are upset that the government might not employ the military commission system to prosecute certain offenses committed in Iraq. I noted that the... -
Supreme Court Rejects Fourth Amendment Challenge to Material Witness Detention in Al-Kidd v. Ashcroft
The Supreme Court has reversed the Ninth Circuit in al-Kidd v. -
Another Thought About Al Madhwani
One further thought about the D.C. Circuit's Al Madhwani opinion--along the same lines as I mentioned earlier. There are at least two other places in this brief (12 page) opinion in which the panel opini... -
A Thought on Al Madhwani
-
More on Whether We Need to Refresh Detention Authority
Earlier today I noted a couple of scenarios in which the US government might want detention authority yet face obstacles in relying on the original AUMF should we have withdrawn in the interim from Afgha... -
Against the Buchanan Amendment
For the record, the Buchanan Amendment is a bad idea, and I hope that it dies in conference. In addition to being constitutionally vulnerable in at least some applications (Milligan anyone?), and hamhan... -
Five Thoughts on the Situation
Here are five quick thoughts about the legislative tussling over the AUMF and detention policy following yesterday's House vote to pass the NDAA and its provisions on the subject. First, if it was not c... -
D.C. Circuit Opinion in Al Madhwani
The D.C. Circuit has just issued its opinion in Al Madhwani v. Obama--a Guantanamo habeas case. The case, which I previewed here and whose oral argument Larkin and I tag-team-covered here, is brief and b... -
Legislative Update
Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new--and very bad--provision mandating military commission trials for terrorist suspects. Added on the floor throu...
Topics
