This is old news by now, but Judge Pierre Leval of the Second Circuit has a thoughtful article in the March/April issue of Foreign Affairs (behind a paywall, unfortunately) entitled "The Long Arm of Int...

Now this is a strange and interesting case.  You may have seen an interesting post recently at Foreign Policy describing a US citizen (and former soldier in the US Army) named Eric Harroun, who appeared ...

Wells blogged previously about the efforts of various media groups and the ACLU to seek mandamus review before the Court of Military Commission Review (CMCR), challenging the scope of the protective orde...

Philip Carter and Deborah Pearlstein have posted a thoughtful essay at Foreign Policy that emphasizes the utility of civilian criminal prosecution as a counterterrorism option.  I very much agree with th...

The Ahmed Warsame case (Warsame is the al Shabaab member captured by US forces while attempting to return to Somalia after a period of training with AQAP in Yemen, who was then held for two months in mil...

Even for those keeping up with the Guantánamo litigation, this decision by Chief Judge Lamberth, a declassified version of which was released on Friday, may have slipped under the radar. The specific iss...

Although most Supreme Court watchers are focused on the two gay marriage cases to be argued before the Court on Tuesday and Wednesday of this week (NB: I signed the brief submitted by former Republican o...

Military commission accused Ali Hamza Ahmad Sulaiman al-Bahlul has submitted his response to the government's petition for rehearing by the full D.C.

Ibrahim Suleiman Adnan Adam Harun (aka Spin Ghul) is in custody in Brooklyn, facing an array of federal court charges stemming from alleged al Qaeda activities in Afghanistan, Pakistan, and Nigeria betwe...

Ben writes that it is the “political reality” that “any president is going to feel obliged to maintain counterterrorism on offense,” i.e., counterterrorism through military means, “and Congress—whining, ...