As Ben noted the other day, the Obama administration issued a signing statement on the new NDAA arguing that its Guantánamo detainee-transfer restrictions are unconstitutional as a violation of the separ...

Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, "Judicial Review for Enemy Fighters: The Court's Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case."  (66 Vanderbilt L...

Ever caught a U.S. citizen you suspected of terrorism, and not known what to do with him? We have an app for you.

If you do, perhaps you might also be willing to buy a cyber certificate from TURKTRUST.INC. TURKTRUST is a certificate authority.  That means that it is authorized to issue certificates which tell you t...

Told you so. President Obama has signed this year's NDAA--along with a meek kind of signing (whining?) statement. Here is the statement's discussion of the detention-related provisions--an account of whi...

As Raffaela posted earlier, the government has won a substantial victory in the FOIA litigation in which the Times and the ACLU sought disclosure of information about CIA drone strikes, including the leg...

Judge Colleen McMahon of the District Court of the Southern District of New York has granted summary judgment to the government in the consolidated FOIA cases brought by the New York Times and the ACLU. ...

Steve has already noted (and critiqued) this Washington Post story about continued “renditions” by the United States government.

Under the snazzy headline "Renditions continue under Obama, despite due-process concerns," today's Washington Post has a long article on the overseas arrest, detention, and subsequent criminal indictment...

Senators John McCain, Lindsey Graham, and Kelly Ayotte---who jointly filed an amicus brief in the Hedges appeal---are asking for argument time in the coming Second Circuit oral argument.

So what exactly is in the NDAA conference report that is prompting the agitation for a presidential veto? Here is a quick and dirty summary of "Subtitle D---Counterterrorism"---along with an explanation ...