I have now read the entirety of Latif, and I am--quite honestly--not entirely sure what to make of it. For one thing, the redactions are extensive, far more so than in the normal D.C. Circuit habeas case...

I have only just begun reading the D.C. Circuit's decision in Latif, but it already clear to me that it is a very big deal. Judge Janice Rogers Brown, for the majority, expressly adopts a presumption in ...

The D.C. Circuit has just released its redacted opinion in the case of Adnan Farhan Abd Al Latif, which it filed on October 14, 2011. The opinion is available here, and Lawfare has covered the case

Further to the exchange between myself and Steve Vladeck regarding Section 1031 of the SASC version of the NDAA FY '12, Raha Wala (Human Rights First) writes in with the following thoughtful comments and...

Two streams of detention-related legal argument came together at the Senate Judiciary Committee today, as AG Holder answered questions from Senator Graham.  Their colloquy blended the question of the fat...

The documents themselves are not available yet, but the docket in Nashiri reflects that on Friday, the government moved "for Public Access to This Military Commission Via Transmission of Open Court Proce...

Here's an interesting military commission development. The government has moved to disqualify counsel--and thus end the appeal--of Ali Hamza Ahmad Suliman Al Bahlul, whose military commission conviction ...

Following up on my last post regarding section 1031 of the NDAA FY 12 and the future of detention authority, I want to draw attention to what strikes me as a huge and looming issue--but one that is getti...

On his new blog, The Loyal Opposition, New York Times Editorial Page Editor Andrew Rosenthal has this post arguing that "One particularly compelling reason [not to use military commissions] is that tribu...

A response to Steve Vladeck's post on Section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF. 

Last week I noted that al-Nashiri has moved for an order compelling the government to state whether it would remand him to military detention for the duration of hostilities in the event of an acquittal....

The Eleventh Circuit has affirmed the convictions of several members of the group referred to in the media variously as the “Miami 7,” the “Liberty City 7,” or the “Seas of David.”  The men were convicte...