U.S. District Judge John Bates has entered the following order in Maqaleh, the case testing federal court habeas jurisdiction for detainees at Bagram: MINUTE ORDER: The Court has received 81 petitioners'...

Jonathan Witmer-Rich sends in the following commentary on the Amawi case, which I posted yesterday: Just wanted to offer a bit of commentary on U.S. v. Amawi, which you flagged on the Lawfare blog . . . .

The government has just posted a memorandum from March 12, 1945 in the Bahlul docket concerning the question of whether participation in a conspiracy to commit an offense against the law of war is punish...

Haven’t read this yet, but U.S. v. Amawi, which came down yesterday, looks pretty interesting. The opinion is by Judge Danny Boggs, and while the disposition was unanimous, one of the judges wrote separa...

Last week, D.C.

Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v.

This is interesting. The D.C. Circuit Court of Appeals has just entered the following docket order in the military commission appeal of Ali Hamza Ahmad al Bahlul: CLERK'S ORDER filed . . . , on the cou...

The motions hearing that begins tomorrow in the 9/11 military commissions case is far too sprawling to preview motion by motion. Instead, we've broken it up thematically. Nearly all of the 25 motions on ...

Over at SCOTUSblog, there's a terrific symposium underway to celebrate the fiftieth anniversary of The Least Dangerous Branch, Alex Bickel's seminal work on the Supreme Court and judicial review.

Here’s your read-out on this morning’s oral argument, before Chief Judge Royce Lamberth, in what Lawfarers have come to know as the Guantanamo counsel access dispute.  (Background can be found here, here...

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following ruminations concerning lone wolf terrorist offenders: No one real...

David Remes, an attorney for Guantanamo habeas petitioners Uthman and Esmail, has sent in this overview of the ongoing Guantanamo counsel access dispute. In brief: Remes and others recently objected to ...