I want to take issue with Peter Margulies’s laudatory remarks this weekend about the Harold Koh memos on extraterritorial application of the ICCPR and the CAT---you know, those memos that mysteriously sh...

The news is here.  European officials confirm that at least two of the passengers whose passports were used to board MH370 were not, in fact, on the plane and that those who boarded the plane were using ...

As Jack has frequently observed, legitimacy and effectiveness often go hand-in-hand.  The two comprehensive State Department memoranda by former Legal Adviser (and Yale Law School dean) Harold Koh releas...

Well worth a read: Charlie Savage's story, for the New York Times, regarding Obama Administration debate over whether the International Covenant on Civil and Political Rights, and the Convention Against ...

The DNI yesterday released it's latest Guantanamo reengagement report, which show a 29 percent rate of confirmed or suspected reengagement. That's essentially unchanged from the last such report in Septe...

Federal law criminalizes the reentry of a “military . . . installation” after having been ordered not to do so by “any officer or person in command.”  18 U.S.C. § 1382.  But does that criminal prohibit...

Argument comes now on AE 199, a government motion seeking the court's permission to conduct DNA testing on four hair samples in an FBI lab without the presence of the defense's expert witness.  (It's not...

The estimable Benjamin Weiser of the excellent New York Times news staff wrote me this afternoon response to my post earlier today about the government's motion for pseudononymous testimony in the Sulaim...

The afternoon session kicks off with AE 171, a motion that would allow members of the defense team to visit the facility in which Al-Nashiri is housed, referred to as Camp 7, in order to assist the defen...

Those who leak classified information violate their contracts, the public’s trust, and the law. As for those who publish the leaked information - it’s “complicated,” according to FBI Director James Comey...

Speaking of the Sulaiman Abu Gayth case in Judge Lewis Kaplan's courtroom in New York, check out this briefing.