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Notes from the Al Aulaqi Argument
The Al Aulaqi argument today was long—far too long for me to write a blow-by-blow account of the entire session. It went on for three hours, and I had to duck out just before it ended. Even a brief summa... -
Argument Preview: Hatim v. Obama
(by Larkin Reynolds and Benjamin Wittes) Tomorrow, D.C. Circuit Judges Karen LeCraft Henderson, A. Raymond Randolph, and Stephen Williams will hear oral argument in Hatim v. Obama, a habeas merits app... -
Newton on the Distinction Between Legitimate and Illegitimate "Lawfare"
Mike Newton (Vanderbilt) has just posted an interesting new essay, “Illustrating Illegitimate Lawfare,” which emphasizes an important distinction: between activities that might be described as “lawfare” ... -
Our Man in Havana: Geoff Corn on the Cuban Perspective on IHL
A guest post from Professor Geoff Corn: Last week I was fortunate to participate in an extraordinary round-table discussion on LOAC issues with Cuban IHL experts in Havana. The exchange was sponsored b... -
Introducing, Drum-Roll Please...
. . . Larkin Reynolds. Byline-reading Lawfare devotees may have noticed over the past few days that a mysterious new name has been gracing our blog. Larkin is a legal fellow at Brookings this academic y... -
Reflections on Malinowski's Clarification
I promised I would offer thoughts on Tom Malinowski's latest missive after I had a chance to digest and reflect on it. Since then, I have been mostly digesting and reflecting on Justice Breyer's new book... -
Obama's New Executive Order on CUI
On Thursday, the White House issued a new executive order to establish a uniform policy for government treatment of “controlled unclassified information” (CUI). -
Press Release of the Day
Ok, I know press releases are supposed to be self-serving, but this is taking it a bit far. How did the ACLU headline its release on today's D.C. Circuit opinion in Salahi--you know, the opinion that vac... -
What President Bush Says About Legal Controversies During His Administration
Charlie Savage of the NYT has read Bush's memoir and has a summary. -
Comments on Salahi
(By Robert Chesney and Benjamin Wittes) This morning the D.C. Circuit vacated and remanded a decision by former U.S. District Judge James Robertson, granting habeas relief to Mohammedou Salahi. The opin... -
New D.C. Circuit Opinion: Salahi v. Obama
The D.C. Circuit just released its opinion in Salahi v. -
Gitmo Recidivism and Innocence
I certainly agree with Adam Serwer's point in this post that it will be mindless and destructive if Republicans really tried to prevent transfers from Guantanamo. Along the way, however, Adam makes the f...
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