Five years ago today, the Supreme Court handed down its 5-4 decision in Boumediene v. Bush, holding that the Constitution's Suspension Clause "has full effect" at Guantánamo Bay, and that the review sche...

On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo.

So report the New York Times and the Washington Post.  

As I noted yesterday, I have an essay at CFR on the President's speech.  I don’t write the headlines or the summaries of my pieces, and I was surprised and dismayed when someone at CFR summarized my piec...

Ryan Goodman and Sarah Knuckey maintain that the new targeting framework announced by the President “raises some troubling questions and leaves important older questions completely unanswered.”  Their li...

As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl...

My reactions to the President’s speech can be found in this essay at the CFR page.  The headline writers gave it the title of Obama Passes the Buck: The President's Empty Rhetoric on Counterterrorism.  T...

In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court.  He argued that the United States had to treat him in accordance with an executive agreement concluded ...

Judge David Sentelle wrote today's majority opinion in this long-running habeas case, in which Mukhtar Yahia Naji Al Warafi had claimed (among other things) that even if he was a Taliban member, he serve...

There are a number of areas in the president's speech yesterday in which Obama publicly aligns himself with critics of his administration, while promising in hard terms very little. As I described yester...

Perhaps the most puzzling and opaque aspect of President Obama's speech today involves the question of whether he did, or didn't, narrow the criteria for targeting in drone strikes.

President Obama made two important announcements about aspects of Guantanamo and its detainees in his speech today. These are worth flagging before I pivot and harp on the big problem with the President'...