What was the legal theory supporting the two-month period of military detention for Ahmed Warsame, preceding his arrival in the United States?  White House Spokesman Jay Carney had the following to say t...

Kandahar--Among the ceremonies in Afghanistan on this past July 4th was one having more to do with Afghans and their international partners than with the United States troops stationed here, though we Am...

One line of criticism emerging this morning in relation to the Ahmed Warsame situation is the argument that Warsame should be tried by military commission rather than in a civilian court.  Ben nails it h...

As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri...

This is, I think, a big deal. Hot on the heels of the fascinating testimony last week from Admiral McRaven and General Allen regarding disposition options for terrorism suspects captured overseas but out...

Last week I posted about testmony from Admiral McRaven and General Allen concerning the lack of U.S.-controlled detention option in a world in which the executive branch does not want to see anyone broug...

Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues.  One passage in the exchange struck me as particularly significant.  Deb ...

Deborah Pearlstein answers my question: Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations,writes to ask whether my recent post favoring the Senate’s over...

My former colleague Eugene Robinson has a column in the Washington post entitled "Assassination by Robot," which seems to me to warrant a brief response. Robinson begins by saying that, "The skies over a...

I was intrigued by this post from a few days ago by Deborah Pearlstein over at Opinio Juris. Entitled "Catching Up with the Senate on Detainee Matters," it concludes as follows: the Senate bill is a subs...

Peter Bergen and Katherine Tiedmann have a piece in the new issue of Foreign Affairs (mostly behind the pay wall, but an excerpt is here) offering a mixed verdict on drone strike operations in Pakistan. ...

Carrie Johnson at NPR posts (who knew that NPR reporters were blogging?  This is really great stuff - add Carrie to your RSS feed) some important additional details.  First, she confirms that there is st...