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The New York Times published two op-eds this weekend by former Guantánamo detainees -- one by Lakhdar Boumediene, the lead plaintiff in Boumediene v. Bush, which extended a constitutional right to the wr...
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At one point prior to 2009, [Update: In my haste this morning, I erred by referring to 100,000 detainees in Iraq at a single point in time, when instead I meant to refer to the volume of detainees we hel...
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Lawfare readers who followed our coverage and analysis of the al-Aulaqi drone strike last fall (archived here) may be interested to see the UK House of Commons Library’s recently released research briefi...
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In my haste to survey the NSL-related panels at this week's AALS Annual Meeting, I missed one of the "Hot Topics" sessions--a plenary discussion of "Political Crises and Constitutionalism: War," with a s...
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Last year, at this time, I wrote a hot-headed little post objecting the signing statement President Obama issued in connection with last year's defense authorization act. This year's signing statement, w...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dram...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in...
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According to the AP, President Obama signed H.R. 1540, the National Defense Authorization Act, into law this morning in Hawaii. Below the fold is the text of the signing statement accompanying the bill:
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There's been a fair amount of media and blog attention to the proposed new rules governing (and substantially widening) the government's access to communications between military commission defendants an...
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Fayiz Mohammed Ahmed Al-Kandari has filed a petition for rehearing en banc with the D.C. Circuit Court in his case against the U.S. His singular question is whether the Federal Rules of Evidence apply to...
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I'm taking a break from de-ornamenting my Christmas tree (or, more accurately, spreading an astonishing number of dried-out pine needles around my living room) to draw attention to this very interesting ...
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A dispatch from the Lawfare North Pole: the White House seems to be using more aggressive language, in opposing Congress’s recent efforts to limit the executive branch’s authority over detainee affairs.
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