Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training. Ever since the D.C.

Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid...

The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. J...

I have only one point to add to Bobby's post earlier today on the opinion by Judge Royce Lamberth in the al-Hajj case. The D.C. Circuit has so far avoided addressing issues related to the voluntariness o...

Habeas lawyer David Remes sent in the following comments on recent developments in D.C. Circuit case law. He emphasizes that he has been counsel in several of the cases discussed below and that the follo...

In a 13-page opinion made public today (but dated May 23, 2011), Judge Lamberth in al-Hajj v.

There's been quite a bit of activity in the Guantanamo habeas courtrooms since Larkin last posted these statistics in mid-April. Last week's voluntary dismissal of Fahmi Al Assani's and Suleiman Al Nadhi...

Two Guantanamo detainees, Fahmi Al-Assani and Suleiman Al-Nahdi, have moved the D.C. Circuit to dismiss their habeas appeals (Al-Assani's motion is here, Al-Nahdi's is here).

The D.C. Circuit has denied rehearing en banc to Guantanamo detainee Uthman Abdul Rahim Mohammed Uthman, whose habeas case the court decided in March.

Several pieces in the news today may be of interest to Lawfare Readers. The Washington Post reports on the Pentagon's list of  critical cyber-weapons: The Pentagon has developed a list of cyber-weapo...

DOD has just announced that charges have now been sworn by military commission prosecutors in the case against KSM and four others linked to the 9/11 attacks.  From DOD's press release:                 T...