Wednesday’s oral argument on the constitutionality of the Stolen Valor Act generated a flurry of anticipatory and postmortem

Clive Walker, a professor of law at the University of Leeds, responds to the following comment in my Rahmatullah post: "It’s funny how courts discover deference when they realize that they have no power ...

...is entitled "Ben Wittes' Appalling Take on Rahmatullah." I wonder what he really thinks, though.

It is always an awkward spectacle when a court has to climb down, having issued an opinion that it has no real power to effectuate. That's what has now happened in the British Court of Appeals in the cas...

Fayiz Mohammad Al Kandari, a Guantanamo detainee, has filed a petition for a writ of certiorari in his habeas case. This comes after the D.C. Circuit denied his petition for en banc review in late Januar...

In an earlier post about the information sharing provisions of the cybersecurity bill pending in the Senate I highlighted the issue of liability protection and the preemption of State law, musing that th...

This just in: the Office of Chief Defense Counsel in the Military Commissions asked the National Association of Criminal Defense Lawyers' Ethics Advisory Committee for an advisory opinion on whether defe...

Ben's two questions in response to my post yesterday on the D.C.

Steve is quite right that yesterday's decision in Al Zahrani is no surprise.

Given Ben's report on the oral argument, today's fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is...

In his NYT column today, Bill Keller argues that Wikileaks “was a hell of a story and a wild collaboration, but it did not herald, as the documentarians yearn to believe, some new digital age of transpar...

Friday afternoon, the Obama Administration filed a cert. petition in Clapper v.