Over at Opinio Juris, Kevin Jon Heller has posted some thoughts on the two questions that will be addressed at oral argument by the CMCR's en banc proceeding in al-Bahlul.   His discussion of Numemberg i...

Many thanks to Kenneth Anderson for this kind and thoughtful write-up of Detention and Denial over at the Volokh Conspiracy.

We have new briefs in two Guantanamo habeas appeals--Al Madhwani v. Obama and Al Abdah v. Obama (Al Latif).

Think about how few words you would have to change in this astonishing sonnet by Shelley before it would perfectly describe Egypt today.

Steve Vladeck just sent in the following thoughts in response to my suggestion that habeas is not quite a right without a remedy: Without getting too deeply into the back-and-forth between you, David, an...

The responses to my "Embrace Guantanamo" post from Sabin Willett, David Remes, and Gabor Rona have a common argumentative thread that strikes me as warranting a response.

I'm delighted that my little post from the other day is eliciting such thoughtful and interesting reaction.

Habeas lawyer David Remes sent me yesterday the following comments on my earlier post suggesting that it's time for President Obama to embrace Guantanamo. I want to draw attention very briefly to two asp...

"And because the American people deserve to know that special interests aren't larding up legislation with pet projects, both parties in Congress should know this," President Obama said last night in his...

Over at the Huffington Post and again at Human Rights First's blog, Raha Wala (Law and Security Fellow, Georgetown) argues that I am arm-in-arm with Marc Thiessen and Andy McCarthy in "declaring victory"...

This morning the CMCR issued an order calling for fresh briefing and argument in the al-Bahlul appeal, but not in Hamdan (or so I'm told; we'll see, I guess).  Here is the text of the order: Upon conside...

Many will claim that Ghailani’s life sentence vindicates the trial system as a vehicle for incapacitating terrorists.  The verdict is a reminder that civilian trials have a successful track record in inc...