Just as the great post-2008 wave of GTMO habeas litigation winds down, it appears to be time, at last, to revive the Periodic Review Board system at GTMO. DOD breaks the news here (text reprinted below ...

When it comes to detention and drone strikes, both critics and supporters of the status quo assume that abandoning the armed-conflict model would have not just diplomatic and legal effects but also a sig...

Two pieces in the news worth noting on the issue of secrecy v. transparency in the U.S. intelligence world.

James A.

The morning’s second session picks up where the first left off: with Bin Attash attorney Cheryl Bormann, with her witness, Air Force Col. Karen Mayberry, the Chief Defense Counsel, and with a discussion ...

The most puzzling line in the President’s strange speech last night was this: [E]ven though I possess the authority to order military strikes, I believed it was right, in the absence of a direct or immin...

Congratulations to John Carlin, who has been serving as the acting head of NSD since this past March.  From the White House comes the formal announcement of his nomination: THE WHITE HOUSE Office of the ...

Julian Ku is right to poke fun at the administration for conveying its vague and conclusory legal rationale for intervening in Syria through the reporting of the NYT’s Charlie Savage.  But vague and conc...

Sam Tanenhaus had an essay over the weekend in the NYT that I think is at bottom a “little c” conservative critique of President Obama’s Syria push.  But the essay makes little sense, at least to me. Ta...

Senators Manchin and Heitcamp are working on an alternative Syria Resolution that tentatively provides: The failure by the government of Bashar al-Assad to sign and comply with the [Chemical Weapons] Con...

The rhetoric of “punishment” has been a ubiquitous justification for intervening in Syria.

Last Saturday President Obama said he had “decided that the United States should take military action against Syrian regime targets,” and that he had made that decision “as Commander-in-Chief based on wh...