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Senate NDAA Thought #1
The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay... -
Court Military Commission Review, En Banc, Decides Hamdan
The en banc Court of the U.S. Court of Military Commission Review has ruled here in Hamdan (but not yet in al-Bahlul), affirming the conviction and sentence. Bobby will have analysis later. -
Do Commentators and Congress Treat All of the WPR as Law: The 60-Day Clock, Again
First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site. We are likely soon to get a test of how seriously Congress takes all of the War Powers R... -
Trevor Morrison on Libya, Process, and OLC
Columbia law professor Trevor Morrison has a new essay, posted at SSRN, entitled "Libya, 'Hostilities,' the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation." Among other... -
Appellant Brief Available for al Kandari v. Obama
The appellant's brief in the case of Fayiz Mohammed Ahmed al-Kandari v. United States is now public. Al Kandari is a Kuwaiti Guantanamo detainee who is seeking to reverse the Judge Colleen Kollar Kotelly... -
Krauthammer on War Powers
Charles Krauthammer today argues for “a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent.” I usual... -
Could the AUMF be Construed to Encompass Internment of "Non-Military" Members of Organized Armed Groups, Consistent with IHL?
As Ben notes below, the Khairkhwa decision draws attention to the question whether the substantive scope of detention authority under the AUMF should be construed to extend to a person who is a member of... -
Today's Headlines and Commentary
The cell phone belonging to Osama Bin Laden's courier, which was recovered in the raid last month, contains critical information about not only bin Laden's own network, but also about a militant group, H... -
The Khairkhwa Decision and Updated Habeas Numbers
Yesterday's release of the Khairkhwa decision prompts a few thoughts--and an update to the habeas data. The lengthy (79-page) opinion is an interesting document that, I suspect, will not have a profound... -
Memo to Reporters Covering the Mark Martins Appointment
For the benefit of reporters writing on the appointment of Brig. Gen. Mark Martins as chief prosecutor of the military commissions--and all others interested in the subject--here are links to the extraor... -
Mark Martins to be Chief Prosecutor, Military Commissions
The Defense Department announced today that Brigadier General Mark Martins, the commander of the Rule of Law Field Force-Afghanistan, will be the Chief Prosecutor in the Office of Military Commissions, b... -
White House Response Paper on AUMF Reauthorization
Politico's Josh Gerstein is reporting: A move by House Republicans to reauthorize the war on terror is unwise because it could foster perceptions that the U.S.
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