Today the D.C. Circuit granted the government's motion to dismiss as moot Farhi Saeed Bin Mohammed's Guantanamo habeas merits appeal. The government had appealed Judge Gladys Kessler's grant of Mohammed...

The major significance of the FBI's Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in ...

Charlie Savage of the New York Times has posted the text of the FBI's new guidance on Miranda. I'll post thoughts after I've had a chance to digest it.

A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating. There is a tendency in this debate to conflate rules of evid...

Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni...

(By Benjamin Wittes and Larkin Reynolds) This summary is going to be short--short and obscure. The reason is that Judge Karen LeCraft Henderson opened today's arguments by announcing that almost none of ...

Tomorrow morning, the D.C. Circuit Court of Appeals will hear arguments in Abdah v. Barack Obama (Al Latif) (No. 10-5319). The argument is slated to proceed before Judges Karen LeCraft Henderson, David T...

Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v.

(By Benjamin Wittes and Larkin Reynolds) The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt...

Over the last week, the Department of Justice has been busy filing responses to several of the Guantánamo detainees’ cert. petitions: It has submitted four briefs to the Supreme Court in the span of just...

This afternoon the D.C. Circuit responded to the government's request for a temporary stay in Almerfedi v. Obama by granting the motion.