Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...

A few months ago, Jack posed an interesting question: Whatever happened to the Periodic Review Board (PRB) system for Guantanamo detainees that the president created in his executive order? In March 2011...

There were basically none. No discussion of Guantanamo, of habeas, of the NDAA, of interrogation, of military commissions, of targeted killing---and only the most cursory mention of drone strikes. This i...

I was going to post this morning about my bewilderment at President Obama's comments last night about "legal architecture" for the War on Terror, but as Jack noted, Josh Gerstein has already done so. And...

[UPDATE: A reader points out that when discussing this subject back in 2011, the question had arisen as to whether this was indeed the best reading of 2339B(d) for the 1996-2004 period.  I had responded ...

Majority Leader Harry Reid issued the following statement today: REID: SENATE WILL HAVE ONE MORE CHANCE TO PASS CYBERSECURITY LEGISLATION Washington, D.C. – Senate Majority Leader Harry Reid issued the ...

Senator Lieberman has an op ed in the Washington Post today calling for a move forward on his cybersecurity legislation.  Meanwhile, Senator Collins (one of the cosponsors of Lieberman's bill) has called...

The Second Circuit Court of Appeals has has just stayed Judge Katherine Forrest's decision in Hedges: For the following reasons, we conclude that the public interest weighs in favor of granting the gover...

I had to restrain myself this morning at the D.C. Circuit from interrupting proceedings with an emergency request for an on-the-spot ruling in Wittes v. FAA---a case which has admittedly does not exist--...

Per Ben's and Bobby's responses to my post from earlier this week, I think one point needs to be made crystal clear: If Ben and Bobby are correct, then the phrase "substantial support" in the March 13 br...

I'd like to expand on Ben's post below in relation to Hedges and the First Amendment, focusing on the "material support"/"substantial support" issue.  (I'm having to write quickly, so please excuse any t...