Something to mull, while Judge Pohl ponders severance in the 9/11 case: whether the government’s evidence in the still-far-off-in-the-future military commission trial (or trials) also could be admitted i...

We reported last Friday on an order in United States v.

In light of the Supreme Court's grant of certiorari yesterday to review the Second Circuit's decision in Clapper v. Amnesty International, I thought I'd put together a background post trying to explain w...

The Supreme Court orders list just came down, and there appears to have been no cert action on any of the Guantanamo cases on which cert decisions were expected.

Amidst all the discussion of whether and how to amend the House NDAA bill to address domestic captures, I am amazed that I did not notice the Rooney Amendment, which has been adopted.  What does it do?  ...

You want it? You've got it.

The Hill's Defcon blog has the scoop: in votes today regarding the rules for detention under the FY2013 NDAA, the House rejected the Smith-Amash amendment in a 238-182 largely party-line vote (19 Democra...

So asks Judge James Pohl,  in an order he reportedly issued yesterday in United States v.

In my post this morning on Hedges, I wondered whether government counsel had made the court aware of the Obama administration's strong position against military detention for citizens and for anyone capt...

By now you've gotten the lowdown - from Steve, Bobby, Ben or from some or all of them - about yesterday's puzzling decision in Hedges v.

Our friends over at Opinio Juris are hosting a neat online symposium discussion of Professor Laura Dickinson's book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Af...