It’s quickly becoming apparent that we and Jack appear to be talking past each other on the merits of the Chesney/Goldsmith/Waxman/Wittes (CGWW) proposal for a new framework statute for “extra-AUMF threa...

In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future a...

Wednesday on the Senate floor, three senators spoke about the Obama administration's decision to prosecute, in a federal court, Osama bin Laden's son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Re...

Pretty big decision by the D.C. Circuit this morning, reversing the district court's dismissal of the ACLU's drone-related FOIA suit against the CIA on the ground that the Agency's "Glomar response" was ...

I'm not at all happy that today's news out of upstate New York proves the point that Jack and I (and a cast of dozens) have tried to make about domestic use of lethal force, but it's worth pointing out t...

Controversy surrounding the DoJ White Paper on targeting Americans abroad has generated interest and debate about the meaning of "imminence" in the terrorism context, for purposes of self-defense and oth...

The New York Times reports today that “U.S. Again Delays Transfer of Bagram Prison to Afghan Forces.”  (Bobby discussed some of these issues, including the “Daqduq problem” issues, a couple of days ago)....

Further to my last post on the capture and prosecution of Sulaiman Abu Ghaith, I now want to share a few thoughts on the prosecution side of things. The indictment has been unsealed, and is now availabl...

As Ritika notes below, the United States has captured a senior al Qaeda figure (Sulaiman Abu Ghaith, who was the son-in-law of Osama bin Laden), and will be bringing him to the United States for prosecut...

Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou...

One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension...