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Notes from the Hatim Oral Argument
They say you can't tell where an appeals panel is headed based on the oral argument. Sometimes you can. I will go out on a limb on the one I attended today: I will eat my computer if the D.C. Circuit aff... -
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.
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