Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit's caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at varianc...

Raff pointed earlier to a USA Today op-ed by Rep. Mac Thornberry (R-Texas), the Vice Chairman of the House Armed Services committee.

I have resisted linking to the latest updates to Bobby, Larkin, and my paper--The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking--because the redesign of the Brookings web site t...

U.S. District Judge Katherine Forrest has issued this order clarifying the broad scope of the injunction in her earlier opinion striking down Section 1021 of the NDAA. The order does not rule on the gove...

The government has moved for reconsideration in the Hedges case.

Amidst all the discussion of whether and how to amend the House NDAA bill to address domestic captures, I am amazed that I did not notice the Rooney Amendment, which has been adopted.  What does it do?  ...

You want it? You've got it.

The Hill's Defcon blog has the scoop: in votes today regarding the rules for detention under the FY2013 NDAA, the House rejected the Smith-Amash amendment in a 238-182 largely party-line vote (19 Democra...

Over at the Empty Wheel blog, The Estimable Ms.

In my post this morning on Hedges, I wondered whether government counsel had made the court aware of the Obama administration's strong position against military detention for citizens and for anyone capt...

By now you've gotten the lowdown - from Steve, Bobby, Ben or from some or all of them - about yesterday's puzzling decision in Hedges v.