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...

Although our own coverage of this week's pre-trial proceedings in the 9/11 military commission trial at Guantánamo already covered the issue in some detail, I couldn't help but be taken by Amy Davidson's...

A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases.

As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins's recommendation to withdraw the conspiracy charges against Khalid Sh...

John Brennan, nominated by President Obama to become the next CIA director, will apparently face some tough questioning from Senator Ron Wyden (D-OR) at his Senate confirmation hearings (reportedly set f...

Yesterday, we posted the government's supplemental brief in the Al Bahlul military commission appeal in the D.C.