Per our usual practice, Lawfare will be posting digests of the Al Nashiri military commission proceedings---which resume today at noon---throughout the week. First up is the statement by Brig. Gen.

For roughly 60 minutes yesterday morning, a three-judge panel of the First Circuit heard arguments as to whether Dzhokhar Tsarnaev’s death penalty trial should be moved out of Boston due to concerns that...

Jury selection in the trial of  accused Boston Marathon bomber Dzhokhar Tsarnaev has dragged on for over a month. Since January 5, over 150 potential jurors have been questioned, and still the judge proc...

If one thing was clear from Tuesday morning's 61-minute argument before the D.C.

It is with great reluctance that I wade into Gabor and Steve’s debate about how to close the U.S.

Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only m...

Ben asks “What Would it Take to Close Guantanamo?” and he provides a thoughtful response weighted toward the political landscape. But there’s another not-so-merely-philosophical question that underlies h...

Next Tuesday, a three-judge panel of the D.C.

Ben bemoans the state our nation’s current debate over Guantanamo as “terrible,” observing that “the arguments about Guantanamo are nearly all wrong, disingenuous, irrelevant, or just plain dumb.”  It’s ...

In October 2009, Ali Saleh Al-Marri was sentenced to more than eight years in prison under a plea deal the Al Qaeda sleeper agent had struck with federal prosecutors.

In the aftermath of the Paris terror attacks on Charlie Hebdo and a kosher grocery, Western European security forces unleashed a dizzying storm of arrests and prosecutions and announced "exceptional" new...

This morning's BBC’s NewsHour show opened with a news judgment reflecting a genuinely odd moral calculus. At the end of the show’s headlines section, announcer James Menendez says: “coming up later in t...