As Raff noted last week, the lawyers for the defendant-appellant in United States v. al-Bahlul--the military commission case in which the D.C.

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with this piece on the Boston attacks and possible improvements to our approach to c...

The Hill reports: The head of the House Intelligence panel is worried the Justice Department may have jeopardized the public’s safety by allowing a federal judge to read the Boston bombing suspect his Mi...

Salam al-Marayati, President of the Muslim Public Affairs Council, sent in this piece on the Boston attacks and extremism: An unfortunate consequence of the Boston Marathon bombings has been this: the si...

The Ninth Circuit will hear oral argument in Al-Nashiri v. MacDonald on June 3.  The civil appeal challenges the power of the Military Commissions’ Convening Authority to prosecute Al-Nashiri before a mi...

Yesterday, Senator Lindsey Graham held a press conference, in which he unsurprisingly lamented the White House's decision not to treat Dzhokhar Tsarnaev as an "enemy combatant." A transcript is below. G...

Among other things, the story describes the defendant's interrogation, Sunday, pursuant to Miranda's public safety exception: BOSTON — Lying grievously wounded in a hospital bed, the surviving suspect i...

A few Lawfare readers have wondered why, given the past attention we have paid on this blog to the Alien Tort Statute, none of us have had anything to say about last week’s landmark decision in Kiobel.  ...

While the manhunt for one of the Boston bombing suspects was underway Friday, Susan and I wrote up this short annotated bibliography linking to pertinent resources about the conflicts in Chechnya and Kyr...

The Miranda issue is over.  As Wells noted earlier, Tsarnaev made his initial appearance before a magistrate judge, at the hospital, and at that time the judge informed Tsarnaev of his right to remain si...