Senator McConnell has an op-ed in the Washington Post sharply criticizing the Obama administration for pursuing a civilian court prosecution of two Iraqi men who were arrested in Kentucky recently on cha...

A few weeks ago, Ben pointed out that two detainees had moved to drop their appeals, with their lawyer essentially calling the cases lost causes. Word comes today that the D.C.

The D.C. Circuit Court this morning handed down two opinions that may be of interest to Lawfare readers. In Ali v. Rumsfeld, Judge Karen LeCraft Henderson delivered the opinion which affirmed the distri...

While everyone has been focused on Libya war powers over the last few days, the DC Circuit issued an interesting opinion on Tuesday in an Alien Tort Statute suit (Ali Shafi v.

Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester...

In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking des...

The memorandum opinion filed on May 23rd in al-Hajj v.

Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairull...

A number of readers have written in to argue that my attempt to complicate the D.C. Circuit's emerging doctrine on guesthouse stays and training camps is itself too simple. These readers point out from ...