Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit's caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at varianc...

Yesterday's news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circu...

Ben asks: "What are the specific 'requirements' the Supreme Court laid out in Boumediene or Hamdi that the D.C. Circuit has refused to honor such that habeas review is not 'meaningful' within the meaning...

I almost wrote into my post earlier today that while I agreed with Steve's point that Boumediene remained consequential, I suspected he would not agree with the one I was making. I refrained, but it turn...

I'm pleased to see that Ben largely agrees with my reaction to the Guantanamo cert. denials. But Ben goes on to rehash a point he has made before about the meaning of "meaningful" habeas review--and with...

A correspondent who prefers to remain anonymous point out the following irony. In my recent post on Dan Klaidman's book, I quoted the following passage: The discussion continued for close to two hours, w...

Being in a time zone very far from home, I am late to the discussion of the cert denials in the Guantanamo cases. I have only one thought to offer beyond what Steve said earlier--with which I almost enti...

As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo "merits" habeas cases (i.e., cases where the central issue goes to whe...

That's the outcome of orders from the Supreme Court today, an across-the-board denial of review in seven Guantanamo habeas cases: Latif, Al-Bihani, Uthman, Almerfedi, Al-Kandari, Al-Madhwani, and Al-Alwi...

President Obama, today, on the possibility of leaks from the White House: The notion that the White House would purposely release classified national security information is offensive, it's wrong, and pe...

If you don't already follow Gregory Johnsen's Yemen-focused blog, you should.  His most recent post, which talks about the complexities associated with attributing AQAP membership to particular persons i...

Writing in the Boston Review, Georgetown professor David Luban has this essay on President Obama's drone war and just war theory, in which aides report the president is steeped: This image of a president...