Jane already flagged the merits brief filed by the U.S. government on September 17 in al Bahlul v. United States, the major challenge to the power of the Guantánamo military commissions to try non-intern...

Does translating “radical” Arab texts and videos amount to material support for terrorism? That is the question that would face the Supreme Court, should they decide to take up Mehanna v. United States. ...

Now this is interesting. Last week, detainees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif together sought en banc rehearing in Hatim v. Obama, the so-called "counsel access" case...

The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings." The summary reads, in part: This report discusses majo...

Last week---and in a somewhat unusual development---the Department of Justice filed a motion to intervene, stay, and dismiss a private lawsuit against a non-profit organization, citing the state secrets ...

Yesterday petitioner-appellees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif filed a joint motion for en banc rehearing in Hatim v. Obama, the counsel access case. The detainees see...

U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to pr...

That seems to be the sum and substance of the Second Circuit's ruling today.

As Lawfare readers may have seen from press reports, on Thursday, SDNY Judge Shira Scheindlin dismissed the Alien Tort Statute suit against Ford Motor Company and IBM in connection with their business ac...

If terrorist capture comes, can a debate over Guantanamo vs. federal court be far behind? Apparently not. This time, the debate is coming even before the terrorist's capture---or even his positive ident...

Yesterday, plaintiff-appellants in Allaithi v. Rumsfeld filed their petition for a rehearing en banc, two months after the D.C.