Oona Hathaway and I have an op-ed in the Washington Post today about the USG pre-publication review process’s “pervasive and unjustifiable harms to freedom of speech.” The gist:

This is the final post in a series analyzing the Daskal-Woods reform proposal for law enforcement demands for communications content across national borders. Daskal and Woods have proposed that countrie...

You might remember Mohamedou Ould Salahi—Guantanamo detainee, author and memoirist, subject of a brutal interrogation, important source on Al Qaeda, and all around fascinating human puzzle.

I was extremely disappointed to read Professor Amy Zegart’s post regarding the Senate Intelligence Committee’s study of the CIA Detention and Interrogation Program. Not only did it include factually ina...

At a time of heightened concern over a new wave of terrorism financing

In response to the San Bernadino shootings (which involved an alien admitted on a K-1 Visa) some in Congress have suggested that we should review and revise the Visa Waiver Program (that is, the program ...

Judge Pohl opens the session this morning, recalling an unnamed U.S. Army Captain as a witness for the defense. She testifies that Mr. Hawsawi—the only defendant not present in the courtroom—has freely c...

Military Commissions Chief Prosecutor Mark Martins issued the following statement on Friday, December 11th, at the close of the week's pre-trial hearings in the 9/11 case:

Judge Pohl calls the commission to order, and this time, we actually have a session. Everyone is here except Khalid Sheikh Mohammed and Mustafa Al Hawsawi, but they have waived their presences voluntaril...

Well, that was a bust! Wednesday morning’s 9/11 military commission session never gets past the opening formalities of verifying that the defendants are all present or, if not, voluntarily waiving their...

The commission reconvenes at 1:22 pm, and Michael Schwartz—representing Walid bin Attash—takes up the questioning of the Lieutenant Colonel. It’s afternoon now, and the 9/11 trial is still focused on the...

It’s Tuesday morning at Guantanamo at precisely 9:07, and Military Judge James Pohl calls the session to order. He is, as always, resplendent in his black robes, judicial authority emanating from his ver...