Today promises only closed argument on the government's motion to have the military judge reconsider his order for extensive discovery into the CIA's RDI program.  (Open argument was held yesterday.)  We...

Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan.  Assuming that the winner of the Afghan presidential election will i...

Made available today: a letter from Senators Dianne Feinstein and Carl Levin, which was sent to President Obama in January of this year and urged him to speed things up in the 9/11 case---chiefly by decl...

Last week, U.S. District Judge Gladys Kessler entered a temporary restraining order in a habeas case filed by Guantanamo detainee Jihad Dhiab. Among other things, and most interestingly, her ruling tempo...

That's perhaps the most eye-catching feature of this just-issued preservation order from U.S. District Judge Gladys Kessler. It reads, in pertinent part: On April 18, 2014, Petitioner Mohammed Abu Wa’el...

There are two: a cross-motion to hold Al-Nashiri's habeas case in abeyance, pending resolution of his military commission trial at Guantanamo; and a legal memorandum setting forth the government's argume...

In his response to my earlier Lawfare post on the FBI's investigation of Tamerlan Tsarnaev and a later review of that investigation by various Inspectors General, Michael German misconceives my argument....

It seems likely that Chief Justice Roberts will author the much-anticipated opinion in Bond v. United States. This comes as no surprise. The Chief Justice has assigned much opinion-writing in close and/o...

I was troubled by Philip Heymann’s Lawfare critique of the joint Inspectors General review of the government’s pre-Boston Marathon bombing investigation of Tamerlan Tsarnaev. There is much to commend in ...

Come and get it: a new trove of recently filed and/or unsealed pleadings in the closely watched and vigorously debated case of Al-Nashiri v.