Raffaela earlier posted the President's implementation procedures for Section 1022 of the NDAA--that is, the not-so-mandatory military detention provision. I have only had a chance to read it over quickl...

This just in from the Department of Justice: Today at 6:30 pm, the White House issued the following Fact Sheet and a Presidential Policy Directive that sets forth procedures implementing Section 1022 of ...

There's been a lot of buzz in the press on the plea bargain reached between Majid Khan and the prosecution in his Military Commission case--and a lot of it has focused on the mere four years before Khan ...

I've blogged before about S.

For those interested in the ongoing academic debate over the rationale and implications of the Supreme Court's decision in Boumediene, I have a new (short) piece in the Iowa Law Review Bulletin respondin...

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...