In the few days this blog has been operating, it has already developed a readership with a remarkable range of expertise, background and politics--including people who have engaged the issue of detention...

As I discussed earlier, there is a common misapprehension in the debate over the Guantánamo habeas cases—and detention law more broadly—that equates legislative approaches to detention with harsher polic...

The Graham habeas bill is far from perfect. It would benefit a great deal from serious engagement from the administration (which has failed so far even to respond to it), habeas counsel, and human rights...

The Graham habeas bill is not entirely an exercise in codification and entrenchment of existing practices. It does, in important respects, modify and tailor the rules as well. The bill's innovations occu...

Thanks to Kevin Jon Heller for his thoughtful post taking issue with my hostage-taking analogy. Readers will be shocked to learn that I disagree with him. Let me briefly respond to both of Heller’s major...

I wish to continue my analysis of the Graham habeas legislation by pointing out a few things the bill does not do. It is important to appreciate the bill's limited impact, for that is actually one of its...

Spencer Ackerman complains that my earlier post "doesn’t address the basic and disturbing fact that in Anwar Awlaki’s case, the Obama administration is targeting an American citizen for assassination wit...

The much-discussed legislation by Sen. Lindsey Graham to guide habeas corpus cases brought by detainees at Guantánamo Bay, S.3707, was quietly introduced a few weeks ago. The bill represents an important...

As Ben and Jack discuss below, the central issue in al-Bihani II (i.e., the en banc denial) is whether courts adjudicating GTMO habeas petitions should take account of the law of armed conflict ("LOAC" o...

The prosecution of Ahmed Ghailani, charged in connection with the East African embassy bombings of 1998, continues to churn up important and interesting legal issues with implications for other potential...

A week ago, Human Rights First activist Daphne Eviatar took me and Sen. Lindsey Graham to task as defenders of torture. She didn’t quite put it that way. Her argument went, rather, along these lines: The...

Denials of petitions for rehearing en banc are usually dull affairs, but not so the 113-page denial the D.C. Circuit issued two days ago in Al-Bihani v.