The Australian newspaper is reporting that three of the Guantanamo Uighurs sent to Palau from Guantanamo have applied for Australian residency permits: THREE Chinese Uighurs who were for years detaine...

The memorandum opinion filed on May 23rd in al-Hajj v.

Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairull...

The killing of Fazul Abdullah Mohammed by Somalian soldiers this weekend provides yet another occasion to note the difficult scope issues that arise under the 9/18/01 AUMF (or, if you prefer, under the P...

A number of readers have written in to argue that my attempt to complicate the D.C. Circuit's emerging doctrine on guesthouse stays and training camps is itself too simple. These readers point out from ...

Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training. Ever since the D.C.

Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid...

The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. J...

Mark Mazzetti has a very important story in the Times noting that, far from backing away from using lethal force against AQAP targets in Yemen during this time of political instability, the US has steppe...

Most of the legal discussion about Libya intervention has focused in recent weeks on the War Powers Resolution.  But the constitutional issue of the President’s power to order the intervention without co...

Defense Ministers from the 48 nations of the International Security Assistance Force (ISAF) today endorsed the NATO Rule of Law Field Support Mission (NROLFSM).  The press release describes the mission a...

I have only one point to add to Bobby's post earlier today on the opinion by Judge Royce Lamberth in the al-Hajj case. The D.C. Circuit has so far avoided addressing issues related to the voluntariness o...