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The D.C. Circuit Hands Down Opinion in Khadr
Here it is. Judge Brett Kavanaugh's opinion for himself, Judge Thomas Griffith, and Senior Judge A. Raymond Randolph opens as follows: Omar Ahmed Khadr was a member of al Qaeda. On July 27, 2002, at th... -
This Week at the Military Commissions (Tuesday Edition)
It’s Tuesday morning at Guantanamo, and the military judge calls the military commission session to order. No, this is not the 9/11 case. It’s not even the Al Nashiri case. And no, the military judge isn... -
Why Are the Lower Courts (Mostly) Ignoring Zivotofsky I’s Political Question Analysis?
Last week, the Fourth Circuit heard an appeal in Al Shimari v. CACI Premier Technology, Inc. Steve Vladeck earlier flagged the case at Just Security, but for those who haven't read his post: Al Shimari a... -
Statement from Military Commissions Chief Prosecutor Mark Martins
Military Commissions Chief Prosecutor Mark Martins issued the following statement yesterday prior to this week's military commission pre-trial hearings in the case of Abd al Hadi al Iraqi. Keep an eye on... -
The ISIS Lawsuit and the Perverse Effects of National Security Litigation
Last week, U.S. Army Captain Nathan Michael Smith sued the U.S. Government in federal court, seeking a declaration that Obama’s war against ISIS is illegal. Jack Goldsmith and Marty Lederman have put for... -
The War Against ISIS is Unconstitutional
As I explained in a New York Times op-ed today, Captain Nathan Smith has gone to court for a declaratory judgment on the legality of President Obama’s undeclared war against the Islamic State. While I en... -
Will Obama’s Targeted Killing Policy Say What “Areas of Active Hostilities” Means?
Recently, the Obama Administration announced that it will soon release a redacted version of its Presidential Policy Guidance (PPG) governing the use of force in counterterrorism operations outside the U... -
Analysis of Lawsuit Challenging War Against ISIL
Charlie Savage reports that Captain Nathan Michael Smith, an army intelligence officer deployed in Kuwait, has brought a lawsuit challenging President Obama’s interpretive extension of the 2001 AUMF in r... -
Drones and the “Internet of Things-Style Surveillance Network”
Nextgov reports that the State Department has put out a request for information for a wireless intrustion detection system that the story describes as an “Internet of Things-style surveillance network.” -
Centcom Report on the Kunduz Hospital Attack: Accounting for a Tragedy of Errors
The U.S. military Central Command (Centcom) report on the attack on the Medecins Sans Frontieres (MSF) hospital at Kunduz, Afghanistan demonstrates how a perfect storm of mistakes and mishaps can lead to... -
Potential Implications of CENTCOM’s MSF Investigation on the ICC’s Preliminary Examination of U.S. Forces in Afghanistan
This morning, U.S. Central Command (CENTCOM) released its formal report of investigation into the airstrike on a Medecins Sans Frontieres (MSF) trauma center in Kunduz, Afghanistan. Of note in the report... -
Action at Guantanamo?
Don't look now, but something's happening in the Guantanamo litigation.
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