Kevin Heller claims that the D.C. Circuit in its al-Bihani panel opinion has reached the conclusion, with which he agrees, that “there [is] no justification for the government’s attempt . . . to import t...

This is a trial balloon. I'm not 100 percent certain that what I am suggesting is wise, politically astute, or even that it would work legally. I have not thought through all of the implications of what ...

Everyone seems to have very strong views about where to try KSM. I don't. I think there's a defensible case for trying him in a military commission. I think there's a defensible case for trying him in a ...

...is available here.  It's a long opinion, but the long and short of it is that the court did not credit Abebe's claim that he was testifying voluntarily, and that this was dispositive from the point of...

A Dutch court has freed Wesam al-Delaema, convicted in an American Court just last year following his plea of guilty to the charge that he conspired to kill Americans in Iraq as part of the insurgency.  ...

Lawyers for Guantanamo detainee Mohammed Al Adahi have filed a cert petition, which raises the following question:

Two quick thoughts in response to Jack's post from early this morning: First, it bears emphasis that the sort of policy creativity reflected in the dialog between Jack and Rick Pildes concerning options...

I have argued that the Executive branch should rely on military detention, not trial, for the GTMO population.  In practice, this is what the Obama and Bush administrations have been doing, with tiny exc...

Ok, this exchange is funny--in a macabre, morbid sort of way. It's also deadly serious. Foreign Policy magazine has published 14 suggestions for President Obama by 14 prominent people concerning how the ...

Over the past few months, there has been a great deal of ferment on the question of whether the fundamental posture of the Obama administration in counter-terrorism represents change from or continuity w...

Ever notice that the debate over detention law and policy rarely makes reference to the American experience in Iraq over the past seven years?  Ever wonder what lessons, if any, that experience has to of...