On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo.

So report the New York Times and the Washington Post.  

Robin Simcox, research fellow at the Henry Jackson Society in London---who wrote this guest post for Lawfare last year about control orders in the UK---writes in after last week’s horrific terrorist atta...

Those who are fans of the classic Bill Murray movie Groundhog Day will be forgiven if they see echoes of that story line in the immigration reform bill.  For much as Murray is seemingly doomed to repeat ...

Bobby’s post from Friday argued that “the current shadow war approach to counterterrorism doesn’t really require an armed-conflict predicate–or an AUMF, for that matter.”  Bobby’s point is that most if n...

The major challenge to legitimating the shadow war against terrorists is that the Executive branch is hand-tied by its own secrecy rules, and cannot disclose what it is doing to permit Congress and the A...

Former Director of National Intelligence Dennis Blair ABC, speaking about how leaks from the top of the Obama administration set the tone for leaks further down that are subject of DOJ investigations: Ma...

This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a...

As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl...

In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court.  He argued that the United States had to treat him in accordance with an executive agreement concluded ...