[Update (11:41 a.m.

Does anyone have any idea what this is about? In March 2011, the government made classified filings in 10 cases involving high-value detainees. The filings have never become public, and I have been wond...

The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we ...

The Supreme Court is not the only branch of government focused on FISA. As many Lawfare readers will recall, Congress is currently considering reauthorizing Title VII of FISA, which is scheduled to expir...

Back in March, we posted this teaser for our then-draft chapter on civil liberties and executive power during the War of 1812 which, as you all know, is celebrating its 200th anniversary this year. The b...

One  last post on Hurricane Sandy.  President Obama seems to get it even if the New York Times doesn't. As he said on Monday: The most important message that I have for the public right now is, please li...

I guess the NY Times op-ed has me a bit worked up.  So I went and did a bit more digging around on the basic question of whether or not Big Storms Require Big Government.  Here's what I learned today.  F...

I do not normally share Ben's disdain for the New York Times editorial page.  They are who they are and you know what you are going to see on their page before the publish it.  But today's editorial on H...

Thanks to an unexpected pair of days off, I've finally had the chance to review Judge Bates's October 19 rulings in Al-Maqaleh v. Gates ["Al-Maqaleh II"] and Hamidullah v. Obama. As readers know, these a...

Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty Inte...

The official word from Guantanamo: our motions hearing has been cancelled on account of Hurricane Sandy.  We'll have an update once we know more about future sessions.

Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...