It’s on again.  All five accused are present. Opening the day's events are housekeeping matters, as always.  First, since last session, the prosecution has added a new lawyer.  Secondly, one of Walid Bin...

On Wednesday, the Guantánamo detainees appealing the D.C. District Court's refusal to enjoin the government from force-feeding hunger-strikers at the detention camp filed their reply in Aamer v. Obama.

The most puzzling line in the President’s strange speech last night was this: [E]ven though I possess the authority to order military strikes, I believed it was right, in the absence of a direct or immin...

On Monday morning---after a marathon argument in a well publicized net neutrality case---the D.C. Circuit turned to this question, in the case of Hentif v. Obama: whether the appellant timely noted his a...

Julian Ku is right to poke fun at the administration for conveying its vague and conclusory legal rationale for intervening in Syria through the reporting of the NYT’s Charlie Savage.  But vague and conc...

Sam Tanenhaus had an essay over the weekend in the NYT that I think is at bottom a “little c” conservative critique of President Obama’s Syria push.  But the essay makes little sense, at least to me. Ta...

The issue for tomorrow morning's argument in the D.C. Circuit:  whether Guantanamo detainee Fadel Hussein Saleh Hentif's appeal was filed on time. In a redacted 2011 opinion, the district court had conc...

It was an odd turn of events yesterday at the E. Barrett Prettyman Courthouse.  For a moment, it seemed as if a controversial Guantanamo policy might be rescinded or modified. Friday morning saw a long-...

Senators Manchin and Heitcamp are working on an alternative Syria Resolution that tentatively provides: The failure by the government of Bashar al-Assad to sign and comply with the [Chemical Weapons] Con...

The rhetoric of “punishment” has been a ubiquitous justification for intervening in Syria.