Tuesday’s oral argument in the New York Times and American Civil Liberties Union’s Freedom of Information Act cases before the Second Circuit Court of Appeals spent as much time clarifying the basic issu...

Just as performers sometimes single out one member of the audience to reach, advocates in an en banc rehearing at a federal appeals court don’t always expect to win over a majority. The government showe...

Friday's oral arguments in Ali v. Obama, a Guantanamo habeas appeal currently before the D.C. Circuit, focused primarily on the reliability of certain evidence used to connect the detainee in question to...

Just one thing to add to Matt’s preview of tomorrow’s big FOIA argument in the Second Circuit.  A few weeks ago the Second Circuit sent the parties this intriguing letter: Dear Counsel: The panel in the...

Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders: [I]f the story is accurate and not authorize...

A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...

Raff already outlined the issues the en banc D.C. Circuit (minus Judge Srinivasan) will confront in tomorrow's oral argument in al Bahlul v. United States, and I have very little of substance to add to J...

Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States.

Mark Klamberg of Uppsala University Department of Law in Sweden writes in with the following guest post on European laws governing metadata collection and how it compares with U.S. law on the subject. It...

For the Senate Intelligence Committee hearing yesterday, I prepared a written statement for the record, and I had intended merely to summarize that statement in my oral presentation. Two things happened ...

Friday morning, a three-judge panel of the D.C. Circuit will hear oral arguments in a habeas appeal brought by Abdul Razak Ali, who also goes by the name of Saeed Bakhouch.

According to Daniel Klaidman at The Daily Beast the Administration has already had two candidates decline the offer to become the next Secretary of Homeland Security.  The delay is troubling -- the more ...