Yesterday, Lyle Denniston posted a recap of all eight currently pending detainee cert. petitions over at SCOTUSblog. Three of those eight cover what we might call transfer and release issues. Petitioners...

Reacting to the decision yesterday in al-Aulaqi, Human Rights Watch has sent a letter to President Obama, in the name of HRW’s President Kenneth Roth, setting forth HRW’s views on the legal issues associ...

A while back, Jeff Rosen and I started a project at Brookings trying to imagine areas in which technology threatens to render constitutional principles or values obsolete and how judges, legislators, and...

Well, this no doubt will contribute the burgeoning conversation about the pros and cons of sting operations. The criminal complaint is here.  From the press release: BALTIMORE - Antonio Martinez, aka  Mu...

Rounding out the public merits briefs in Uthman v. Obama, yesterday the government's public reply brief became available.  Below we link to that brief, the other two public merits briefs, and Judge Henry...

(hat tip: Charlie Dunlap)  OFAC has issued a final rule amending the TSR and GTSR sanction regimes to expand the options for designated entities to pay for certain legal services.  Presumably this is at ...

[Update: Josh Gerstein at Politico reports that the White House has now expressed its opposition at least to section 1116, raising a question as to whether this will sail through easily after all.] Jack...

Five thoughts on Judge Bates' Al Aulaqi decision: First, as far as I'm concerned, there is really only one surprising thing about the decision, whose holdings any Lawfare reader could have anticipated r...

Earlier this year Congress required the DNI to make publicly available unclassified summaries of information about the recidivism of released GTMO detainees as well as an assessment of such detainees’ li...

Judge Bates wrote a solid, careful, and in my view persuasive opinion in al-Aulaqi.  The opinion is clearly a victory for the government.  But it was not without small victories for ACLU, CCR, and others...

Don't have time to read the 83-page opinion in Al-Aulaqi?  Here are the key points in outline format, sans commentary: I. Does Al-Aulaqi’s father have standing to assert his interests? A.