Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues.  One passage in the exchange struck me as particularly significant.  Deb ...

Deborah Pearlstein answers my question: Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations,writes to ask whether my recent post favoring the Senate’s over...

I was intrigued by this post from a few days ago by Deborah Pearlstein over at Opinio Juris. Entitled "Catching Up with the Senate on Detainee Matters," it concludes as follows: the Senate bill is a subs...

As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj...

Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday. Lederman points ou...

[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were...

Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution.  The thrust of their argument, ...

Harold Koh's written testimony in connection with today's SFRC hearing on the WPR and Libya is now available.

For the benefit of those who could not watch the SFRC hearing this morning on Libya and the WPR, here are highlights from the oral testimony from State Department Legal Advisor Harold Koh (the written te...

The following is a guest post from Peter Margulies (Roger Williams Law), reporting highlights from the Naval War College's International Law Conference 2011 ("Non-International Armed Conflict in the 21st...

Well, this is going to be interesting, and probably more than a little tense.  State Department Legal Advisor Harold Koh will testify tomorrow morning, at 10 eastern (in theory), before the Senate Foreig...

Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language: From my standpoint as a Guantánamo habeas lawyer, the detainee tran...