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Lawfare, Common Article 3, and Military Commissions in Rumsfeld’s "Known and Unknown"
Chapter 40 (“Law in a Time of War”) of Donald Rumsfeld’s new book, Known and Unknown, will be of special interest to Lawfare readers. In it, Rumsfeld discusses his views on “lawfare,” the origins and tr... -
Public Merits Briefing Complete in Abdah v. Obama (Latif)
Today the final public merits brief became available in the D.C. Circuit case of Abdah v. Obama (No. 10-5319). The petitioner in this case is Adnan Farhan Abd Al Latif, who won his case before Judge Hen... -
Video of Last Week's Detention Event at Harvard
The Harvard people have kindly put up a video of the National Security and Law Association/National Security Journal event from 4 February. The event was called "Understanding Detention and Predicting Pr... -
No Evidence that Assange Induced Manning to Leak
The Wall Street Journal is reporting that federal investigators “have been unable to uncover evidence that WikiLeaks founder Julian Assange induced an Army private to leak government documents to his web... -
Kenneth Anderson on Al Warafi
Over at the Volokh Conspiracy, Kenneth Anderson, his tongue planted firmly in his cheek, offers a modest proposal for the United States government as to how it should handle Al Warafi's claims to be medi... -
Al Warafi Post-Argument Maneuvering
The letter filed today with the D.C. Circuit by Al Warafi's attorney, which Larkin noted earlier, appears to be a response to my earlier post on the argument. This is not explicit in Roger A. -
Al Warafi: Letter from Counsel on Burden of Proof
Following yesterday's oral argument in Al Warafi v. Obama, today petitioner's counsel filed a letter with the D.C. Circuit to clarify the petitioner's position on an issue that came up during questioning... -
From the Al Warafi Record
As Ben highlights in his summary of yesterday’s Al Warafi oral argument, a key issue for the D.C. Circuit in this case is the meaning of the district court’s finding that Al Warafi served as a medic with... -
"Like" Lawfare
Those Lawfare readers who do not use social networking sites should ignore this post. For those, however, who do use Facebook and Twitter, I am writing to ask that you take modest steps using those site... -
On the Authenticity of the Taliban's Awal Gul Statement
Aaron Zelin, who runs the Jihadology site, writes in with the following information by way of verifying the authenticity of the Taliban's statement on the death of Awal Gul: I noticed that you recently p... -
Khalifh Voluntarily Dismissed
An important order in Khalfih v. Obama snuck under our radar last week. It is a dismissal order in a Guantanamo merits case, granted on the petitioner's motion. -
Raha Wala on Military Commissions
In January I wrote a short piece for Foreign Policy arguing that the current military commission system is much less problematic than some critics claim though also not the ideal solution some perceive i...
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