It’s nearly 5:00 pm when the court reconvenes, and everyone is exhausted. The day has been long and contentious, and we are not even 40 percent of the way through the questioning of the judge. Fortunatel...

A gentle reminder - not that you really needed one, being a devoted Lawfare reader and all  - Ben and I will be live-blogging tomorrow's much-anticipated arraignment in United States v. KSM et al.  Accor...

Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States.  As for key takeaways, you’ll find Steve’s breakdown here, and my two cents' worth here. Again, it is an...

As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot.  Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and...

As I have noted previously, the Supreme Court’s March 5 order that the Kiobel case be re-briefed to address the extraterritorial application of the Alien Tort Statute has put the Obama Administration in ...

Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of dete...

Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I'll spare readers from a comprehens...

We’ll have a full recap of today’s oral argument in Hamdan v. United States up shortly.

Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear ar...

I don't think today's Ninth Circuit decision throwing out Jose Padilla's damages suit against John Yoo is particularly surprising--notwithstanding the typical (albeit utterly and alarmingly inaccurate) t...