Latest in Highlights
Published by The Lawfare Institute in Cooperation With 
-
Following Up on Signing Statements
Readers interested in my post from yesterday will find this document useful; prepared by OLC veterans from the Clinton administration in response to the controversy over the Bush administration's use of ... -
In Defense of Signing Statements
An interesting debate has broken out among liberals about the possibility of President Obama's issuing a signing statement on the Guantanamo restrictions. Adam Serwer writes, There's a pretty clear ethic... -
Appellant's Brief in Almerfedi v. Obama
Today the government filed the public version of its appellant's brief in Almerfedi v. Obama (No. 10-5291), a habeas merits case. In this appeal the government appeals Judge Paul Friedman's sole habeas ... -
Thoughts on a Possible Signing Statement
I have a few thoughts on Dafna Linzer's story from yesterday, which reported that the President means to push back against congressional efforts to impede trial and transfer of Guantanamo detainees by is... -
Undue Delay at the CMCR re the Viability of Material Support and Conspiracy Charges and the Ability to Raise Constitutional Arguments in Commission Proceedings
Last week I drew attention to the undue delay in resolving Salim Hamdan’s appeal from his military commission conviction, noting that it put in issue the general viability of material support as a charge... -
Tom Nachbar on "Lawfare and the Authority of Law"
[I am very pleased to introduce the first of two posts from Tom Nachbar of the University of Virginia. In addition to his role as a law professor at UVA, Tom has the distinction of serving as an Army JA... -
The Possible GTMO Detention Signing Statement and the Commander-in-Chief Taboo
[Update - I have added a new line at the end of the second paragraph] [Second Update - A new final sentence] Further to Jack's post below, I have a pair of observations about Dafna's important story on ... -
Obama to Disregard Congressional Restrictions on Civilian Trials for GTMO Detainees?
Dafna Linzer reports that President Obama’s advisors are urging him to issue a signing statement proclaiming that certain aspects of the defense spending bill that limit his authority to try GTMO detaine... -
Where Is the Long-Delayed Ruling from the Court of Military Commission Review as to Viability of Material Support Charges?
One of the most important questions clouding the debate over the utility of military commissions has to do with the viability of material support charges in that forum. To be blunt, we need to know the ... -
Happy New Year
Just a quick post to give warm wishes for an excellent new year to Lawfare readers everywhere. In particular, here is wishing safety and success to our readers and their colleagues deployed in Iraq and A... -
Detention and Denial--From the Introduction
"The greatest trick the Devil ever pulled was convincing the world that he didn’t exist,” says the low-grade con man to the arrogant customs agent in the 1995 movie The Usual Suspects, speaking of the gr... -
Detention and Denial Now Available
I am reliably informed (having checked the site) that Detention and Denial: The Case for Candor After Guantanamo is now available from Amazon.com--which presumably means it is available at other book sto...
Topics
