From Harold Koh’s speech to the Oxford Union the other day: Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sa...

From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl...

Amid the debate about how legally to handle the Boston Marathon bomber and the President's recent remarks about closing Guantanamo, Ahmed Ghailani's appeal was argued today in the Second Circuit.  As the...

From Harold Koh's speech to the Oxford Union yesterday: A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and...

Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L...

Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?"  His remarks begin as follows: Thank you, Mr. President and Members...

We've written a fair amount already about Chief Judge Lamberth's September 2012 decision regarding the Guantánamo detainees' continuing right of access to counsel (not to mention his March 2013 decision ...

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...