Late yesterday, the House sponsors of the CISPA cybersecurity legislation (to be considered tomorrow) announced a series of amendments to the bill intended to address some of the concerns advanced by pri...

Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...

This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences: (1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ...

Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that's still moving in the lower courts. There was a time, not ...

In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...

Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom.   Jonathan write...

David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent.

Peter Margulies of Roger Williams University School of Law writes in with the following response to David Cole's recent article on the Tarek Mehanna case: While David Cole’s passionate defense of the Fir...

So, now that Ben, Jack, and Bobby have officially given me a license to blog more broadly, I wanted to expand my attention (and that of Lawfare readers) to important legal issues involving homeland secur...

On Wednesday the House Homeland Security Committee marked up the Lungren cybersecurity proposal.  The details are reported here and are difficult to piece together.  In so far as one can tell, the Chairm...

Georgetown law professor David Cole has this disturbing article in the New York Review of Books Blog on the Tarek Mehanna case. I have not followed this case carefully in the district court, but this art...

So Charlie Savage is reporting over at the New York Times: The transfer [of the two Uighurs] leaves 169 detainees at the prison in Cuba, but the Obama administration notified Congress several days ago th...