Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear ar...

I don't think today's Ninth Circuit decision throwing out Jose Padilla's damages suit against John Yoo is particularly surprising--notwithstanding the typical (albeit utterly and alarmingly inaccurate) t...

This is an interesting issue I have not yet seen before in a Guantanamo habeas case. Some time back, a detainee named Abdu Al-Qader Hussain Al-Mudafari filed a motion to dismiss his habeas petition witho...

Back in March (so, well before John Brennan's new remarks on the issue), my friend and colleague Mike Lewis from Ohio Northern and I participated in a "teleforum" debate for the Federalist Society on the...

In connection with my post this morning on the Brennan speech and the ACLU FOIA litigation, Jameel Jaffer – who heads up the ACLU’s National Security Project – had this op-ed on the FOIA litigation (with...

Wells and Larkin have a more comprehensive preview in the works for Thursday's oral argument before the D.C. Circuit in Hamdan v. United States, and I'd encourage folks to wait for their contribution to ...

Very glad to have joined the Lawfare team.  I look forward to more sustained blogging once the spring grading season is over.  For now, I'll offer just a quick thought on the speech John Brennan delivere...

I have a longer preview of Thursday's D.C. Circuit argument in Hamdan in the works, but wanted to jump in to offer a couple of quick thoughts on the (surprising) argument order issued by the panel today ...

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