[UPDATE: A reader points out that when discussing this subject back in 2011, the question had arisen as to whether this was indeed the best reading of 2339B(d) for the 1996-2004 period.  I had responded ...

In his post on yesterday's decision in (what I think we should all call) Hamdan II, Jack writes "The historical arguments for a conspiracy charge in military commissions under the laws of war, while not ...

Five brief thoughts on yesterday’s Hamdan decision: First, I am less confident than Steve and Ben that this opinion forecloses conspiracy claims in military commissions.  The historical arguments for a ...

I largely agree with Steve’s excellent post on the D.C. Circuit’s Hamdan decision today. In particular, and most importantly, I agree that the logic of the opinion strongly indicates that military commis...

Raff already shared the news re: this morning's D.C.

In today's New York Times is this article by Ben Weiser about some information that has come to light in a memorandum written by District Court Judge Kevin Thomas Duffy this week.

Earlier today, lawyers for Abdullah Bin Omar Al-Hajji moved to dismiss his appeal to the D.C. Circuit voluntarily, and without prejudice.

Two more amicus briefs were filed, today and yesterday, respectively, in the case of Al-Nashiri v. MacDonald.

The Wall Street Journal reports  (paywall, sorry) that France is considering a slate of new antiterrorism laws, including at least one prevention-oriented measure that appears to track 18 U.S.C.

Yesterday, we promised to be in attendance during today's argument session in Khairkhwa v. Obama And this morning, yours truly sat through two standard-issue D.C.