I received some unsurprisingly heated reactions to my op-ed in Saturday’s New York Times, which argued that the government should give up on prosecuting Guantanamo detainees and simply hold them in milit...

In my initial post on the ACLU/CCR brief in Al Aulaqi, I promised to return to several of the themes I sketched out. In this post, I want to focus on the first: The total absence of press coverage of the...

Interestingly, it looks like the government will not appeal Judge Kaplan's decision in the Ghailani case, and so the case will move forward in short order after all.

I have a lot to say about the ACLU-CCR brief in Al-Aulaqi, too much for a single post. In addition, this is a busy day for me for non-blogging reasons; my son and I are testing for our black belts in tae...

Dafna Linzer has an amazing story about Uthman Abdul Rahim Mohammed Uthman, an alleged al Qaeda member detained since 2001.  Judge Kennedy granted Uthman’s habeas petition in this opinion, filed in April...

I have now read Judge Reggie Walton’s opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani. In keeping with my usual practice, I will leave it to others to discuss the case...

Judge Reggie Walton's redacted opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani has been declassified. I will have comments once I've read and digested it. The conclusi...

Largely overlooked in Judge Kaplan's Ghailani Order is his statement that Ghailani’s “status as an 'enemy combatant' probably would permit his detention as something akin to prisoner of war until hostili...

After reading the Khan opinion, I find that I don't have a great deal to say about it. It does not significantly alter the discussion of any of the issues Bobby and I have been writing about--save that i...

I was amused, in reading Judge Bates' Khan opinion just now, to run across the judge's account of the scope of the government's detention authority--amused because the New York Times this morning editori...