This takes us to presence.  Does Al-Nashiri understand his right to attend the proceedings, and the consequences that might flow from even a knowing and voluntary waiver of that right?  After hearing the...

So does Al-Nashiri want to fire his Learned Counsel? That individual, attorney Richard Kammen, tells the military judge that he met with the accused for several hours Monday and Tuesday---and that lo, Al...

Over the weekend, I blogged over at Just Security about the al-Iraqi case pending before the military commissions at Guantánamo—and, in particular, Saturday’s New York Times story reporting that the gove...

The pretrial session commences in unremarkable fashion, with some additions to the prosecution and defense teams; a few new lawyers put their credentials on the record. But then comes this unforeseen de...

It's a snowy day here at the Fort Meade CCTV facility.  Lawfare's in the house, for the first of this eight-day, pre-trial motions hearing in United States v. Al-Nashiri.  Same format as always: dispatch...

At one level, the D.C. Circuit's decision this week in Aamer v. Obama on Guantanamo hunger strikes probably surprised nobody. As expected, the D.C. Circuit upheld the two district court decision to deny ...

The panel's decision in the closely-watched case of Aamer v. Obama was handed down this morning.  The majority opinion opens: TATEL, Circuit Judge: Petitioners Ahmed Belbacha, Abu Dhiab, and Shaker Aame...

Karen DeYoung and Greg Miller report in the WP that Al-Qaeda’s recent expulsion of the Islamic State of Iraq and Syria (ISIS) has raised questions about whether the AUMF “still applies” to ISIS.

Some thoughts on this morning’s drone strike news (NYT, WSJ). The NYT says that President Obama’s announcement last May of an intention “to gradually shift drone operations from the C

Over at Politico, Josh Gerstein has an interesting piece on the Ali piracy case, and its potential implications for terrorism cases.  The article---which quotes Jen Daskal and Cully Stimson, among others...

Kimberly Dozier AP reports this morning that "[a]n American citizen who is a member of al-Qaida is actively planning attacks against Americans overseas, . . .

That is the title of this press release by Senator Jeff Merkley, announcing a resolution “calling for Congress to have a role in approving any further United States military involvement in Afghanistan af...