I have a fair bit to say in response to Daphne Eviatar's comments from earlier today concerning my post about yesterday's New York Times editorial. Let me start with a brief comment about Daphne's compla...

In yesterday's Washington Post, Professors Bruce Ackerman and Oona Hathaway editorialized about the "Death of the War Powers Act." Their piece is provocative, in part because it suggests that the execut...

Daphne Eviatar of Human Rights First sent in the following in response to my post from yesterday contrasting the New York Times editorial and the Washington Post editorial on Buck McKeon's AUMF proposal.

Anyone who wants to understand in a nutshell the difference between the New York Times editorial board and the Washington Post editorial board on counter-terrorism issues--and, actually, on a broader arr...

SCOTUS Blog notes that: The Court [has] relisted for a fourth time . . . Khadr v. Obama, 10-751 . . . suggesting that statements respecting, or dissents from, the denial of cert. may be forthcoming.

A few comments on Toffiq al-Bihani’s cert. petition, which Larkin just posted. First, I am surprised by al-Bihani’s first argument.  He contends that the D.C. Circuit’s January 2010 decision in al-Bihan...

Last Wednesday counsel for Toffiq Al Bihani filed a petition for certiorari in the Supreme Court. Readers may recall that the D.C.

I know, I know! A goodly number of Lawfare readers are having a good smirk at my expense following the release of Bobby's and Larkin's and my new detention tome. Didn't I promise, one reader was graciou...

Well, at least we learned something about fisheries. Following this morning's lengthy oral argument in Oceana, Inc. v. Locke, the D.C. Circuit had an oh-so-brief brief discussion of Khan v. Obama in ope...

Charlie Savage has the goods this morning regarding the administration's potential responses to the looming expiration of the 60-day WPR clock in connection with the war in Libya.  It's a must-read piece...