I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term.

David Remes, who represents several Yemeni detainees at Guantanamo Bay, writes in response to my comments this morning on Eric Lewis's New York Times column: Ben chides Eric Lewis for setting goals Ben t...

I’ve had a chance to read the draft Executive Order on cybersecurity now and several thoughts spring to mind. For those who like the bottom line up front: I am, honestly, of two minds about this effort....

Well, here's the "publicly circulating" draft of the executive order on cybersecurity, helpfully entitled: White House Draft Executive Order (Publicly Circulating Copy - 11-1-12).  Note however that is d...

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 ...