[Update:  A colleague writes in to say that Khatalla may have been in "civilian" custody, formally speaking, all along.  That may be; I recall a statement after the capture to the effect that the raid wa...

That's the gist of this Rule 28(j) letter, regarding pertinent post-argument authority.  It was filed today with the D.C. Circuit by lawyers for Ali Hamza Ahmad Suliman al Bahlul, whose case could be dec...

As Wells noted a few days ago, the U.S. District Court for the District of Oregon issued an opinion this week in Latif v. Holder, which held unconstitutional certain redress procedures for individuals on...

As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequ...

Professor Jeff Kahn (SMU Law, also visiting at W&L Law) writes in with the following guest post on yesterday's no-fly list decision.  Be sure to check out Jeff's terrific book on the right to travel and ...

You've likely heard the news, made earlier this morning by the opinion in Riley v. California.  

Earlier this morning, we featured a post regarding key developments in the Mohamud criminal case in Oregon.

There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence."  (There's also excellent analysis over at Just Se...

Coincidentally, they come to us from two different federal judges in the District of Oregon. The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due...

As I read Ben’s, Jack’s, John’s Steve’s and Wells’s posts, I come away with the impression that there is unanimous agreement at Lawfare that Abu Khattala (a) cannot be sent to Guantánamo for further inte...

Back in 2006 or so, we had a great idea -- the Department of Homeland Security should do a quadrennial review, just as DOD does.  Thus was born the QHSR -- the Quadrennial Homeland Security Review.  The ...