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Something Like Justice
The Toronto Star bellows that "Omar Khadr finally buckled before a discredited American military tribunal and provided the guilty plea it was set up to elicit. But nothing like justice has been done in t... -
The Online Threat: Should We Be Worried about a Cyber War?
That is the title of a terrific new essay by Seymour Hersh. -
Is Barack Obama a Serial Killer?
In reading Mary Ellen O'Connell's writings on targeted killing in preparation for our debate this weekend, I was struck by how granular her arguments generally are. She writes in great detail about the c... -
Wittes v. O'Connell on Targeted Killing and Drones
Here is the video of my debate with Mary Ellen O'Connell of Notre Dame law school on targeted killings and drone warfare on Saturday at International Law Weekend in New York. I will have a lot to say ove... -
Thoughts on Judge Randolph's Speech
Judge A. Raymond Randolph, in his speech the other day at the Heritage Foundation, addressed two intertwined but ultimately distinct issues: Whether the Supreme Court's Boumediene decision is historicall... -
More on Woodward and Classified Information
Earlier this week Michael Isikoff wrote about the classified secrets revealed by top officials in Woodward’s Obama’s Wars and asked whether there is a double standard in the Obama administration’s prosec... -
An Alternative to the Scorecard
Brookings Legal Fellow Larkin Reynolds, who has been working with Bobby and me on a second edition of our monograph on "The Emerging Law of Detention," recently handed me a chart she had constructed that... -
The NSA’s Growing Role in Domestic Cybersecurity
The New York Times reports today that the “Obama administration has adopted new procedures for using the Defense Department’s vast array of cyberwarfare capabilities in case of an attack on vital compute... -
Judge Randolph at Heritage
A. Raymond Randolph, a D.C. Circuit senior judge who has played an out-sized role over the years in the Guantanamo habeas cases, gave a speech yesterday evening at the Heritage Foundation entitled "The G... -
The D.C. Circuit Weighs in on Deference in Connection with Disclosures of Security-Related Information
One of the many headaches associated with the GTMO habeas litigation concerns the process of deciding which items of information used in the litigation should be treated as "protected information" that c... -
Thoughts from David Remes
Habeas lawyer David Remes sent in the following in response to my response to Gabor Rona--who in turn was responding to this post. I am going to let David have the last word here: Ben's response to Gabor... -
New Habeas Opinion
Judge Richard Leon has issued an opinion denying a writ of habeas corpus to an Afghan national named Obaydullah in the latest Guantanamo habeas case. The brief opinion follows Judge Leon's usual practice...
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