* United States v. Mubayyid and Muntasser (1st Cir. Sep.

On August 30, the Eleventh Circuit decisively dismissed a classic lawfare lawsuit -- an Alien Tort Statute suit brought against the former President and former Defense Minister of Bolivia (Gonzalo Sanche...

That's what somebody in the government is saying today, on reading this Washington Post story about a contract dispute between two aviation companies involved in CIA renditions--a dispute that seems to i...

In kicking off Lawfare's 9/11 10th anniversary project devoted to laying bare our own non-trivial errors of analysis or understanding over the last decade, I have a number from which to choose. All, howe...

Over at the Weekly Standard's blog, Thomas Joscelyn has this piece critiquing a CNN report on Fayiz Mohammed Ahmed Al Kandari, whose habeas case we have covered here.

In November 2009, the ACLU brought a suit on behalf of an American citizen--Amir Meshal--against two FBI agents and two unnamed officials, alleging the following: that he went to Somalia in 2006, that he...

Esquire magazine has this lengthy feature on Guantanamo detainee and convicted war criminal Noor Uthman Muhammad. It's a sympathetic account, one that treats Uthman chiefly as a victim. But it contains e...

This is a nice illustration of the fact that in at least some circumstances, the United States simply must use civilian criminal courts if it wants to have its hands on a terrorism-related suspect--not t...

...and guess what? This post is not about any gross factual errors in either of them concerning the legality of detention. Perhaps that's because neither editorial really deals with the legality of deten...

A grand jury yesterday returned an indictment in the case of Naser Abdo, the guy recently arrested in connection with an alleged bomb plot in relation to Killeen (the same guy who shouted “Major Nidal Ha...

Earlier we posted Ramzi Kassem's criticism of commentary from Ben and Tom Joscelyn concerning the al-Alwi case.  Tom has asked us to share the following response: Ramzi Kassem is bothered by the use of t...

Emerson Begolly pled guilty today, ending what would otherwise likely have been a very interesting First Amendment case involving the constitutionality of charging solicitation based on online incitement...