The Ninth Circuit Court of Appeals has issued its memorandum opinion in Hamad v. Gates, a challenge by a former Guantanamo detainee to his detention and treatment while in U.S. custody. It found that §22...

As information continues to emerge  regarding the Baraawe raid, it is becoming increasingly clear that the operation was of a piece with, rather than a departure from, existing US policy.  According to N...

Nine or so months ago, following  President Obama’s inaugural address assertion that a “decade of war is now ending,” which came on the heels of Jeh Johnson’s speech about the end of war against al Qaeda...

Yesterday's Special Operations Forces raid on an al-Shabaab facility in Baraawe, Somalia, and the near-simultaneous capture-and-rendition of an al Qaeda figure in Tripoli, raise a number of interesting l...

We understand that Judge Royce Lamberth did so this afternoon---apparently in light of the United States's decision, earlier this week, to withdraw its opposition to Idris's petition.  We don't yet have ...

When it comes to detention and drone strikes, both critics and supporters of the status quo assume that abandoning the armed-conflict model would have not just diplomatic and legal effects but also a sig...

The oral arguments in Monday’s D.C. Circuit en banc review of Ali Hamza al Bahlul’s military commission conspiracy conviction essentially came down to competing views of history. The government concedes ...

Two pieces in the news worth noting on the issue of secrecy v. transparency in the U.S. intelligence world.

I write often about the power of cyberspace and the threats that arise from it -- most recently in discussing how the Syrian Electronic Army is an important contingency to plan for during military operat...

That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama.  It begins: Respondents respectfully submit this response to Petitioner’s Motion...

Tuesday’s oral argument in the New York Times and American Civil Liberties Union’s Freedom of Information Act cases before the Second Circuit Court of Appeals spent as much time clarifying the basic issu...