At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby's thoughtful intervention in the back-and-forth between Ben and me on whet...

Steve's post on Garcia and Munaf got me thinking about seepage.  Remember this? It is the idea that seemingly fact-bound national security cases can announce rules of more general applicability - ones th...

Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit's caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at varianc...

Tahawwur Hussain Rana was convicted of providing support to Lashkar e-Taiba (18 USC 2339B) and conspiring to provide support to a group planning to commit murder in Denmark, but was acquitted of conspiri...

Yesterday's news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circu...

Ben asks: "What are the specific 'requirements' the Supreme Court laid out in Boumediene or Hamdi that the D.C. Circuit has refused to honor such that habeas review is not 'meaningful' within the meaning...

I almost wrote into my post earlier today that while I agreed with Steve's point that Boumediene remained consequential, I suspected he would not agree with the one I was making. I refrained, but it turn...

I'm pleased to see that Ben largely agrees with my reaction to the Guantanamo cert. denials. But Ben goes on to rehash a point he has made before about the meaning of "meaningful" habeas review--and with...

Being in a time zone very far from home, I am late to the discussion of the cert denials in the Guantanamo cases. I have only one thought to offer beyond what Steve said earlier--with which I almost enti...

As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo "merits" habeas cases (i.e., cases where the central issue goes to whe...

That's the outcome of orders from the Supreme Court today, an across-the-board denial of review in seven Guantanamo habeas cases: Latif, Al-Bihani, Uthman, Almerfedi, Al-Kandari, Al-Madhwani, and Al-Alwi...

Paul makes a good point that digital technology and data analytics make it easier for the government to track journalists’ movements and ascertain the persons in government with whom they communicate.  C...