The other day, in response to this column by Marc Thiessen suggesting that Obama should bring more high-value detainees to Guantanamo, I wondered whether Thiessen really understood the gravity of what he...

A little while back I posted comments from Raha Wala (Human Rights First) concerning military commissions.  Those comments have spurred the following response from John Dehn (West Point), which appears b...

* United States v. Aldawsari (N.D. Tex. Feb.

Yesterday I drew attention to a piece by Daphne Eviatar (Human Rights First) concerning the DRB process for screening detainees in Afghanistan, emphasizing the following passage: Under international law,...

In a short piece published at Politico on Monday, Daphne Eviatar (Human Rights First) made a rather bold claim concerning the Detention Review Board process in Afghanistan: Under international law, a det...

In a very interesting essay in the new National Interest, Eric Posner contends that the supposed threat of "lawfare" is much over-hyped.   His concluding paragraph captures the broad outline of his argum...

Habeas lawyer David Remes writes with the following comments in response to my post yesterday objecting to the Scalise Amendment: You're right that Congress shouldn't bar Ambassador Dan Fried and his sta...

Yesterday, I drew attention to the mindless House amendment designed to zero out funding for State Department efforts to resettle Guantanamo detainees. I have  a proposed name for this amendment: The Let...

House Republicans have seen the enemy, and it is Daniel Fried--the State Department special envoy who has been trotting around the globe for the last two years trying to persuade other countries to help ...

The deadline for a notice of appeal of Judge Bates' ruling in Al Aulaqi came and went a few weeks back with no filing from the ACLU and the Center for Constitutional Rights.

In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama.