I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil...

In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...

By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co...

The D.C. Circuit Court of Appeals will hear oral arguments on Thursday in the case of Al-Zahrani v. Rodriguez, which--believe it or not--is not a Guantanamo habeas case.

Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed.  As you may...

The arraignment order by Military Judge James L. Pohl in the case USA v. al-Nashiri is now available here, and here is the substance of it: 1. As the Chief Judge of the Military Commissions Trial Judicia...

Hugo Rosemont, a Security Policy Adviser to the UK security industry and a doctoral student, writes in with the following account of a speech in London by Lord Carlile, who served until recently as the B...

In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.

Over at Slate, Will Saletan has an interesting post up querying whether the Fifth Amendment analysis potentially underlying the decision to kill al-Aulaqi--broken down into requirements that the person b...

Raha Wala of Human Rights First writes in with the following objections to my analysis of the Anwar Al-Aulaqi killing: I don’t know if killing Aulaqi was legal because I don’t know what factual basis the...

The Washington Post reports that the Justice Department’s Office of Legal Counsel wrote a classified legal opinion in support of the al-Aulaqi killing.  Carrie Budoff Brown* at Politico reports that form...

Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki. With respect to US law, I have noted previously that if Congress becomes co...