Judge Rosemary Collyer of the U.S. District Court for the District of Columbia has thrown out the Bivens suit by the families of Anwar Al-Aulaqi and his son, and Samir Khan, all of whom were U.S. citizen...

The D.C. Circuit has just handed down a 12-page decision in Abdullah v. Obama, affirming the district court's denial of Abdullah's motion to enjoin the U.S. government from detaining him. Hani Saleh Rash...

My very first Lawfare post, back in December 2011, focused on the messy constitutional question raised by United States v. Ali—a case then pending before the Court of Appeals for the Armed Forces that ra...

Over at Just Security, Marty Lederman has an interesting piece about a Guantanamo case the Supreme Court has relisted three times for consideration at conference. He writes: The Supreme Court has reliste...

Further to my post yesterday, the administration has sent this letter to Congress in relation to the Uganda mission, using the usual "consistent with the War Powers Resolution" formulation.

Should the War Powers Resolution "clock" be running in Uganda?

Last week I noted an interesting exchange on AUMF renewal (and life in a post-AUMF world) during Michael Lumpkin's March 11 testimony before the Senate Armed Services Committee.  When Lumpkin appeared be...

I’ve already written at some length about the D.C. Circuit’s decision last month in Aamer v.

Criticizing the US stance on human rights treaties is practically an international sport, as evidenced by the bruising reception the UN Human Rights Committee (HRC) gave to a US delegation last week.  As...

Secrecy---of the sort that typically shrouds cyber-defense and cyber-attack capabilities and doctrine---complicates the development of international norms.  Secrecy makes it difficult to engage in sustai...

Today an interagency review panel will hear, by video hookup, the case of Guantanamo detainee Ali Ahmad al-Razihi.  The issue is whether the Yemeni's further detention is necessary to protect a continuin...