The motions hearing that begins tomorrow in the 9/11 military commissions case is far too sprawling to preview motion by motion. Instead, we've broken it up thematically. Nearly all of the 25 motions on ...

Over at SCOTUSblog, there's a terrific symposium underway to celebrate the fiftieth anniversary of The Least Dangerous Branch, Alex Bickel's seminal work on the Supreme Court and judicial review.

Here’s your read-out on this morning’s oral argument, before Chief Judge Royce Lamberth, in what Lawfarers have come to know as the Guantanamo counsel access dispute.  (Background can be found here, here...

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following ruminations concerning lone wolf terrorist offenders: No one real...

David Remes, an attorney for Guantanamo habeas petitioners Uthman and Esmail, has sent in this overview of the ongoing Guantanamo counsel access dispute. In brief: Remes and others recently objected to ...

In an earlier post, here, I described an article I was working on, with my colleague Sam Issacharoff, on detention, targeted killings, and the fundamental transformation we see taking place in the practi...

This just in: the last words (for a few days, anyway) in the Guantanamo attorney-client access dispute now pending before Chief Judge Royce Lamberth of the U.S.

One of the many difficulties that arise when a state employs its military to conduct operations within its own borders is the question of whether alleged abuses committed by the military should be tried ...

With a hat tip to Bobby, I wanted to flag that the Fourth Circuit on Friday upheld the conviction of Sean Brehm, a non-citizen convicted under the Military Extraterritorial Jurisdiction Act (MEJA) for an...

I've been away on business travel this past week and am headed off on vacation next week so blogging for me has been light.  But one recent post caught my eye and motivated me to add a quick note: My co...

This just in - sort of.  On Wednesday, Judge Leonie Brinkema denied John Kiriakou's motion to dismiss certain counts against him on vagueness and overbreadth grounds.  Not at all surprising stuff, consid...