I was struck by this report of a recent oral argument in the 2nd Circuit involving a terrorism prosecution.  The defendant (and his co-conspirators) were convicted of having plotted to blow up a synagogu...

A sharply-divide en banc Seventh Circuit Court of Appeals has handed down its opinion in Vance v. Rumsefeld, reversing a panel decision to allow a suit by American citizens alleging detention and torture...

I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following thoughts on fusion centers: As Matt Waxman noted last month, the...

Readers probably won't be surprised that, as Professor Andrew Kent noted at the end of his guest post, I've already drafted a longer response to Andrew's important and provocative new essay, "Do Boumedie...

Andrew Kent of Fordham University School of Law has a challenging new essay out on whether Boumediene rights expire--arguing provocatively that they do, notwithstanding government concessions in habeas l...

[Update (11:41 a.m.

Does anyone have any idea what this is about? In March 2011, the government made classified filings in 10 cases involving high-value detainees. The filings have never become public, and I have been wond...

The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we ...

The Supreme Court is not the only branch of government focused on FISA. As many Lawfare readers will recall, Congress is currently considering reauthorizing Title VII of FISA, which is scheduled to expir...

Back in March, we posted this teaser for our then-draft chapter on civil liberties and executive power during the War of 1812 which, as you all know, is celebrating its 200th anniversary this year. The b...