It’s on again.  After brief housekeeping, we quickly turn to the substance---and in particular to AE292 and 292T, pleadings jointly filed by the defense, and both asking for a wider inquiry into the gove...

Our special session convenes.  The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused.  But, and consistent with the unique n...

You'll find it here.  We'll cover the two-day mini-hearing, which will commence tomorrow at 0900 down at Guantanamo. The statement opens: Good evening and Happy Father’s Day. I refer to Father’s Day wit...

Yesterday’s HASC Committee Hearing (video here) on the Bergdahl swap was pretty eventful.  At least two important legal issues were discussed: the legality of not notifying Congress about the swap, and t...

A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v.

Most discussion of economic and financial sanctions focuses naturally on the imposition of them. As Peter Feaver and Eric Lorber point out in a new Foreign Affairs article, an equally important strategic...

I participated today in a CSIS/McAfee roll-out of their latest report on the economic impact of cybercrime.  Their bottom line is that cybercrime has an annual effect of roughly $455 billion globally, wi...

The Supreme Court had the opportunity in Bond v. United States to tackle constitutional questions about the scope of the Treaty Power and the Necessary & Proper Clause, but the six-justice majority decli...

A few weeks ago, Ben posted some comments about a Der Spiegel article that suggested the tensions between the United States and Germany were likely to die down. Not so fast, it appears. Germany’s top pro...

President Obama complained yesterday that Sergeant Bergdahl is “not a political football.”   That should be true, but unfortunately President Obama is responsible for kicking off the football game by ann...

I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDA...