As we noted at the end of December, Fayiz Mohammed Ahmed Al Kandari filed a motion for rehearing en banc in the D.C. Circuit, asking the court to consider whether Federal Rule of Evidence 1101(e) applies...

Against the al-Nashiri backdrop, the government has now filed its brief on the merits in United States v. Hamdan (the first post-conviction appeal under the Military Commissions Acts of 2006 and 2009), w...

The European Court of Human Rights has issued a ruling  (Othman (Abu Qatada) v. United Kingdom (E. Ct. Hum. Rts Jan.

Back in October, we linked to a very interesting "green paper" produced by the UK Ministry of Justice addressing issues associated with secrecy, intelligence, security, and justice.  Clive Walker (Leeds)...

The cert petition in Latif has been filed. So far, only the questions presented have been released publicly. They are as follows:

The ICRC recently published this report on its visits to detainees being held in U.S. facilities in Afghanistan, Guantanamo, Iraq, and South Carolina. The report opens: Although terrorism is not new, Sta...

If Ben needs something to tear into, there's also this--my guest post over at the ACSblog, which uses Judge Brown's disturbing rhetoric in Latif as a foil through which to evaluate this "anniversary." Re...

Never fear, Ben!  While the Times may have disappointed you today, NPR has stepped into the breach this morning with its Guantanamo anniversary story. To be frank, I'm more than a little surprised by th...

Here is Part II of Peter Margulies's reporting from AALS: AALS Federal Courts Debate II: Military Commissions and Material Support The lively federal courts panel at the American Association of Law Scho...