When President Obama signed the NDAA of 2014 yesterday, the Act did not include the amendment to the Anti-Terrorism Act, about which I posted earlier this month that would have allowed suits by non-US na...

The second day of Christmas has brought glad tidings for two defendants in the longest-running of all major ATS cases: earlier today, Judge Scheindlin dismissed the last two foreign corporate defendants ...

This Christmas Eve opinion, authored by Circuit Judge Karen LeCraft Henderson for a three-judge panel composed of Judge Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams, affirms the distri...

On December 19, a panel of the Ninth Circuit issued a brief order in the long-running Doe v. Nestle case, vacating a September 2010 district court decision dismissing ATS and TVPA claims brought by natio...

I've only skimmed this unsurprising ruling from the panel, which affirms the district court's dismissal of the detainee's suit against the military commissions' Convening Authority. From its opening: ...

The Washington Post had an important story yesterday involving the future of the 53 military detainees who remain in U.S.

The appellants in Aamer v. Obama have spent the last month battling the government for a complete copy of recently revised Guantanamo force-feeding protocols, according to a motion filed by the detainees...

It's a chilly little day out at Fort Meade's Smallwood Hall---the closed-circuit television facility where, as per usual, Lawfare will be almost-live blogging pre-trial proceedings in the 9/11 case. Sam...

The nearly-singular focus of last week's oral argument in Hatim v. Obama, the counsel access case, was the intrusiveness of JTF-GTMO's genital-area searches. That focus hasn't at all shifted, judging by ...

On Wednesday, the Solicitor General filed an amicus brief urging the Supreme Court to grant, vacate, and remand (“GVR”) the Samantar case to the Fourth Circuit after that Circuit’s surprising decision la...