Judge Rosemary Collyer of the U.S. District Court for the District of Columbia has thrown out the Bivens suit by the families of Anwar Al-Aulaqi and his son, and Samir Khan, all of whom were U.S. citizen...

The D.C. Circuit has just handed down a 12-page decision in Abdullah v. Obama, affirming the district court's denial of Abdullah's motion to enjoin the U.S. government from detaining him. Hani Saleh Rash...

Cyber security maven Dan Geer has given three speeches in the last six months that are worth a read: (a) APT in a World of Rising Interdependence, given last month at the NSA; (b) We Are All Intelligence...

My very first Lawfare post, back in December 2011, focused on the messy constitutional question raised by United States v. Ali—a case then pending before the Court of Appeals for the Armed Forces that ra...

Continuing our dialogue about whether the ICCPR places limits on electronic surveillance by a state outside of its own territory, Ryan Goodman has posted a lengthy response to my response to his post abo...

In yesterday’s New York Times, Ben Weiser reported that Abu Ghaith’s case has renewed the “debate” over civilian terrorism trials.

Over at Just Security, Marty Lederman has an interesting piece about a Guantanamo case the Supreme Court has relisted three times for consideration at conference. He writes: The Supreme Court has reliste...

Benjamin Weiser of the New York Times has the story: Sulaiman Abu Ghaith, the most senior adviser to Osama bin Laden to be tried in a civilian United States court since the Sept. 11 attacks, was convict...

Andrew Beaujon at Poynter reports that at last week’s Sources and Secrets conference, NYT reporter James Risen, who is fighting a subpoena for information in the Jeffrey Sterling trial, made these remark...