In kicking off Lawfare's 9/11 10th anniversary project devoted to laying bare our own non-trivial errors of analysis or understanding over the last decade, I have a number from which to choose. All, howe...

Paul Starobin, whose New York Times piece this weekend was the subject of these earlier thoughts, writes in with the following response: I agree with Benjamin Wittes that there is an important, even a vi...

Paul Starobin has a piece in the New York Times pondering the flip-flop of Harold Koh on war powers: During the Bush administration, he was legendary for his piercing criticisms of “executive muscle flex...

Josh Gerstein at the Politico is reporting: The Obama administration is invoking the state secrets privilege to seek dismissal of part of a lawsuit brought by Muslims who claim that the FBI conducted swe...

Today's House Armed Services Hearing on "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror" included testimony from the following witness...

Earlier today, Raffaela noted a letter, sent by the Chairs of various House Committees to the President, regarding the latter’s approach to the Warsame case.  Unsurprisingly, the letter critiqued the Adm...

Several House committee chairs have sent this letter regarding the Warsame case to President Obama.

A new Congressional Research Service report reviews provisions in the competing versions of the National Defense Authorization Act regarding detainee affairs. Here is a summary of the report's findings: ...

In the aftermath of Harold Koh's testimony before the Senate Foreign Relations Committee a few weeks ago, Senator Lugar sent a set of QFRs (Questions for the Record) that raised a number of interesting q...

A while back Ben posted about the pressing need for “radical transparency” in the military commissions process. It’s time to say it again:  The Pentagon must make it much easier for outsiders to follow t...

This afternoon, NPR and France 24 reported on two significant events regarding Libya.  First, Gadhafi may be ready to leave the country, and his representatives have sought negotiations regarding the mec...