I was troubled by Philip Heymann’s Lawfare critique of the joint Inspectors General review of the government’s pre-Boston Marathon bombing investigation of Tamerlan Tsarnaev. There is much to commend in ...

Come and get it: a new trove of recently filed and/or unsealed pleadings in the closely watched and vigorously debated case of Al-Nashiri v.

Charlie Savage reports: The Obama administration is clamping down on a technique that government officials have long used to join in public discussions of well-known but technically still-secret informat...

The courtroom was nearly full Monday for the DC Circuit Court of Appeals oral arguments in Ralls Corporation vs Committee on Foreign Investments.

There’s much common ground evident in Steve’s reply to my earlier post on the effort of Abd Al-Nashiri, the accused mastermind of the USS Cole bombing, to enjoin his military commission trial.  Steve and...

It’s clear from his post this morning that my friend Peter Margulies believes that Al-Nashiri’s new habeas challenge to his trial by military commission, which rests on the claim that the United States w...

The habeas challenge to military commissions recently filed by Abd Al Rahim Al-Nashiri is a loser on both procedure and substance.  Al-Nashiri, the alleged mastermind of the 2000 bombing of the USS Cole,...

You've likely heard: Abd al-Rahim al-Nashiri, a Guantanamo detainee facing capital military commission charges, last month mounted a new habeas challenge in the district court for D.C.

I first met Capt. Patrick McCarthy a number of years back when he was the staff judge advocate down at Guantanamo and I visited the site for a day to see the detention facilities there. Capt. McCarthy is...

Two opposite mistakes in an after-the-fact review of a terrorist incident are equally damaging. One is to fail to recognize the powerful difference between foresight and hindsight in evaluating how an in...

We'll hear next from a much-anticipated witness called by the defense: an Army psychiatrist who---as Judge Pohl rules from the bench, overruling defense objections---will testify under a pseudonym after ...

The Office of the Director of National Intelligence last week publicly released a new Intelligence Community Directive (ICD 119) establishing policies for contacts between the media and personnel inside ...