Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that's still moving in the lower courts. There was a time, not ...

Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom.   Jonathan write...

David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent.

Peter Margulies of Roger Williams University School of Law writes in with the following response to David Cole's recent article on the Tarek Mehanna case: While David Cole’s passionate defense of the Fir...

Ken and Ben have recently commented on the national security speeches of Obama Administration officials, including most recently the remarks of CIA General Counsel Stephen Preston.  As a former Bush Admi...

Georgetown law professor David Cole has this disturbing article in the New York Review of Books Blog on the Tarek Mehanna case. I have not followed this case carefully in the district court, but this art...

Was it clearly established in 2006-07 that GTMO detainees were entitled to the protections of the Fifth Amendment?  A district judge in Washington State thinks so, adding that it was clearly established ...

The government has filed its response to Abdulrahman Abdou Abou Al Ghaith Suleiman's  petition for rehearing en banc in the D.C. Circuit.

A judge of the U.S. District Court for the District of Washington in Seattle has dismissed a Bivens action by a former Guantanamo detainee against former Defense Secretary Bob Gates. Adel Hassan Hamad is...