I make the case, mostly drawing on arguments previously made on this blog, in Slate.  I also make the obvious point that just because it is lawful does not mean it is a good idea.

This is the final installment in my series of posts on the post-Executive Order spree of legislation emerging from Capitol Hill. It concerns the interrogation bill introduced by Sen.

The U.S.

I have now had the chance to go over a transcript of Thursday's House Armed Services Committee hearing on detention policy, at which Pentagon General Counsel Jeh Johnson and Deputy Defense Secretary Will...

Adam Serwer has a very thoughtful piece on yesterday's House Armed Services Committee hearing, which I could not attend. Like me, Adam has come to the conclusion that there is quite a bit of common groun...

It looks like the Obama Administration is planning to deploy some form of U.S.

Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007.  The question and answers are worth considering in full.  Savage asked: In what circu...

The U.N.

In anticipation of the growing likelihood of some form of U.S.

(By Benjamin Wittes and Larkin Reynolds) This summary is going to be short--short and obscure. The reason is that Judge Karen LeCraft Henderson opened today's arguments by announcing that almost none of ...

In fulfillment of my promise last week to provide analysis of the various pieces of new Senate legislation, here are some thoughts on the new version of Senator Lindsey Graham's habeas reform bill. The b...

According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary in...