Romance is in the air---and waves of the purest judicial authority---as Judge Pohl calls our session to order.  The five men accused of planning 9/11 are present in the courtroom, along with lawyers for ...

The Smallwood Screen comes alive, with Judge James Pohl seated at the familiar, authority-emanating bench.  A glow likewise surrounds the wall’s JTF insignia; it seems to say, “let us reconvene and discu...

There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr...

Georgetown professor Anthony Clark Arend - old friend to many of us at Lawfare - has a new short post on whether judicial oversight of drones would be a good idea - or constitutional.

There is an increasing amount of talk about judicial review for at least some decisions to place specific persons on targeting lists for the use of lethal force outside of a combat zone (drones are not t...

The central substantive issue, legally and morally, in the administration's Targeted Killing White Paper is how the concept of an "imminent threat" should be understood. This is where much of the debate ...

There's certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff's "Headlines and Commentary" post for links).  At the ris...

Here it is. From the statement's discussion of Monday's break in CCTV audio and video, during remarks by KSM attorney David Nevin: As in courts-martial, members of the Office of Military Commissions sta...

That's the gist of this order, issued today by a three-judge panel of the D.C. Circuit, in Rimi v. Obama. The detainee, who had been transferred from Guantanamo to Libya in 2006, unsuccessfully sought h...

Back in 2011, I posted on the civilian criminal prosecution of a pair of former Iraqi residents Mohanad Shareef Hamadi and Waad Ramadan Alwan.  Both men were charged with having been involved in the insu...