That's the essence of yesterday's order from the D.C. Circuit.

There's a lot to say about Peter Margulies' reply to my and Kevin Heller's criticisms of the "former government officials'" amicus brief in al Bahlul--the military commission appeal currently pending bef...

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The White House announcement on Friday that the Defense Department plans to transfer two Algerian detainees held at Guantanamo to Algeria represents the most recent action in a long series of efforts by ...

In recent posts both on Lawfare and at Opinio Juris, Steve and Kevin Jon Heller (here and here) sharply critiqued the brief that Jim Schoettler and I filed on Thursday for Former

So says this White House press release: Statement by the Press Secretary on Guantanamo Bay As the President has said, the United States remains determined to close the detention facility at Guantanamo B...

Gary Schmitt has an interesting piece in the Weekly Standard that argues for eliminating FISC oversight of executive branch surveillance and instead ramping up congressional oversight.  He maintains that...

Cora Currier at Pro Publica has an important story on why DOD won’t publish the list of AUMF “associated forces” against whom we are at war.  DOD’s rationale: A Pentagon spokesman told ProPublica that re...

Raff already flagged yesterday's filing of an amicus brief in support of the government in the Al Bahlul military commission appeal before the en banc D.C. Circuit by "former government officials, former...

Last October, I noted the publication of a House Intelligence Committee report on the possibility of hardware intrusions arising from the use of products manufactured by Huawei and/or ZTE (two Chinese te...

A recent cluster of stories – on al Qaeda’s growth, dispersion, and resilience, on the USG’s increased use of surveillance drones outside of “hot war zones,” on the USG possibly 

On March 8, 2011, Saeed Bakhouch, an Algerian GTMO detainee also known as Razak Ali, noted an appeal of the District Court’s January 2011 denial of his petition for a writ of habeas corpus.  Oral argumen...