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Mark Erickson, who blogs under the most-unfortunate handle Norwegian Shooter, recently published some correspondence with me concerning his claim that the reported OLC memo reflects Lord Acton-style corr...
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The estimable, if oddly-named, Bmaz of the Empty Wheel blog asks in a Tweet "Why did al-Hajj withdraw his Habeas petition? Did he just give up like others have?" Short answer: I don't know at this stage....
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Judge Lamberth has granted a joint motion by Sharqawi Abdu ali Al-Hajj (ISN 1457) and the government to dismiss al-Hajj’s habeas petition, without prejudice. The one-page order is here. For prior cover...
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Yesterday Harper’s ran a piece by Daniel Swift on drones, criticizing the extensive but selective leaking of details about the CIA drone program. It’s a fair point, resonating with Ken Anderson’s concer...
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Musa'ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention.
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The Washington Post has a story this afternoon in which the Air Force confirms that it is operating armed Reaper drones out of a particular location in Ethiopia. It is an interesting contribution to the...
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On October 12th, Judge Walton denied habeas relief to GTMO detainee Abdul Qader Ahmed Hussein (ISN 690), and the 22-page unclassified opinion is now available here.
I don't think the opinion breaks any ...
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Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court's dismissal of a B...
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Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory. From the domestic law perspective, Horton maint...
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I'm afraid I owe Lawfare readers an apology. Because of a calendar foul-up, I missed yesterday's D.C. Circuit argument in Alsabri v. Obama, a Guantanamo habeas case--nor did I write an oral argument prev...
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Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli...
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Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ...
