Big news over at the Department of Homeland Security.  Now in its 11th year, the Department continues to be operationally disaggregated into its component parts, with little of the cross-cutting economie...

My Brookings colleague, sometime coauthor, and Lawfare's Foreign Policy Editor, Daniel Byman, and I have written a lengthy article Foreign Affairs, on NSA matters.

In AE222, the defense seeks to compel discovery into a possible reprisal defense to the terrorism charges against Al-Nashiri. By reprisal, Maj. Tom Hurley has in mind, in essence, a legal doctrine that ...

The afternoon pushes on, to AE209---the first in a series of motions seeking to take death off the table as a punishment option.

In AE207, the government has asked for a pre-trial hearing regarding on various evidence. CDR Andrea Lockhart has in mind 167 pieces of physical evidence seized from or near the U.S.S. Cole, immediately ...

The Guantanamo lunch hour closes; the military commission resumes, court and counsel first turning their collective attention to some procedural odds and ends.  One item raised by Al-Nashiri’s Learned Co...

When recess ends, Kammen says he spoke with Al-Nashiri during the break.  For some reason---apparently there’s an unwritten rule about where the accused may stand---guards had then became agitated, becau...

It’s Al-Nashiri time, y’all.  The military judge, Army Col. James L. Pohl, calls the hearing to order.  The accused is here, along with his lawyers, save two: Capt. Daphne Jackson and Nancy Hollander (wh...

Your correspondent returns to Fort Meade, where Lawfare will take in a closed circuit broadcast, from Guantanamo, of pre-trial litigation in United States v. Al-Nashiri.   Throughout the day, we'll have ...

I begin with a paragraph from Wikipedia: Self-organized criticality is one of a number of important discoveries made in statistical physics and related fields over the latter half of the 20th century, di...

The Supreme Court this morning denied cert in the Guantanamo habeas case of Hussain v. Obama. A few weeks back, Marty Lederman flagged this case over the Just Security as likely to provoke at least one j...