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...

On Thursday, the White House issued a new executive order to establish a uniform policy for government treatment of “controlled unclassified information” (CUI).

Charlie Savage of the NYT has read Bush's memoir and has a summary.

(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...

The D.C. Circuit just released its opinion in Salahi v.

I certainly agree with Adam Serwer's point in this post that it will be mindless and destructive if Republicans really tried to prevent transfers from Guantanamo. Along the way, however, Adam makes the f...

When last we left the question of targeted killings, Kevin Jon Heller and I were arguing over how to read Tom Malinowski's statement on behalf of Human Rights Watch on the subject. Considering the questi...

I just returned from the D.C. Circuit's Al Alwi oral argument--or, at least, the portion of it that the court conducted in open session. Here is a quick and dirty summary. Al Alwi is not one of the impo...

In my post below regarding the AUMF and the possible AQ/AQAP distinction, my main point was to suggest that there is a strong argument for treating AQAP as part-and-parcel of al Qaeda itself, in arguable...

Al Qaeda in the Arabian Peninsula (“AQAP”) has been much in the news this year thanks to the attempted Christmas Day Bombing last December, the ACLU/CCR lawsuit challenging the government’s alleged plans...

Steve Aftergood has the link, and very useful commentary, here. Two important points highlighted by Steve: (i) The FISC remains obligated under its own Rule 3 to comply with EO 13526, which among other...