By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dram...

By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in...

According to the AP, President Obama signed H.R. 1540, the National Defense Authorization Act, into law this morning in Hawaii. Below the fold is the text of the signing statement accompanying the bill: ...

There's been a fair amount of media and blog attention to the proposed new rules governing (and substantially widening) the government's access to communications between military commission defendants an...

Fayiz Mohammed Ahmed Al-Kandari has filed a petition for rehearing en banc with the D.C. Circuit Court in his case against the U.S. His singular question is whether the Federal Rules of Evidence apply to...

A dispatch from the Lawfare North Pole: the White House seems to be using more aggressive language, in opposing Congress’s recent efforts to limit the executive branch’s authority over detainee affairs. ...

On Thursday, Judge Richard Leon of the U.S. District Court in D.C. issued a little-noticed decision granting dismissal in Al Janko v. Gates. The case is noteworthy, however, because Al Janko–unlike other...

Stephen Voss, a philosophy professor at Bogazici University in Istanbul, writes in with the following response to Bobby's and my NDAA FAQ: The current NDAA contains, in section 1021, legislation that may...

David Glazier (Loyola Los Angeles) writes in with the following guest post in response to my earlier musings on the distribution of blame for the outcome in the Ali Musa Daqduq case: I think the analysis...

Joanne Mariner of Hunter College's Human Rights Program, writing at Justicia.com, has this lengthy analysis of the NDAA from a human rights and civil liberties point of view. It is the first half of a tw...

Counsel for Guantanamo habeas petitioners Uthman, Almerfedi, and Latif--all of whom have cert petitions pending or imminent--have asked the Supreme Court to hold off on deciding whether to grant until th...