Those following the Stuxnet/Flame story will be interested in this piece that just went up on the Washington Post website.  In a sequel to David Sanger's account attributing Stuxnet to an American-Israel...

A few days ago, the New York Times editorial page made a remarkable claim: "In the 19 [Guantanamo habeas] appeals [the D.C. Circuit] has decided, the court has never allowed a prisoner to prevail." As I ...

One of the more obscure habeas cases of the last few years has been El Falesteny v. Obama.  The case's key documents were sealed, both on appeal to the D.C.

As Paul noted, and many news outlets have reported, the Department of Homeland Security yesterday issued criteria regarding the enforcement of immigration statutes in certain cases.  Now Rep.

The Department of Homeland Security today announced a new policy on immigration enforcement.  In summary the policy will allow the exercise of discretion by the Executive Branch to defer action, on a spe...

I actually don't have much to say, now that it's here, on the New York Times editorial on the detention case cert denials.

Kind of interesting that military commission defense lawyers insist that the defendants should be able to wear the clothes of their choice but that  female prosecutors should cover up.

Craig Whitlock has a very interesting piece in the Washington Post today, the main thrust of which is to describe the military's efforts to establish aerial surveillance capacity across wide swaths of Af...

[Update: Ben Weiser's coverage in the Times points out that real benefit of the plea for Ahmed of course was to avoid the firearms charge, which entailed a thirty year minimum.  Ben also confirms that Ju...

I have not linked to the reviews of my book Power and Constraint as they have appeared, but by now there are enough reviews – by Gary Schmitt in the Weekly Standard, Christopher Caldwell in the NYT, Roge...

Steve's mention earlier that he was positively soft on the D.C. Circuit compared to the Times reminded me that we haven't seen any sign yet of the inevitable editorial bashing the justices for failing to...

A few final thoughts on the topic of DC Circuit fidelity to Hamdi and Boumediene, for the three people still paying attention to us (hi Mom!).