Yesterday's release of the Khairkhwa decision prompts a few thoughts--and an update to the habeas data. The lengthy (79-page) opinion is an interesting document that, I suspect, will not have a profound...

The D.C. district court has issued an opinion in the habeas case of Khairulla Said Wali Khairkhwa, an Afghan national and former senior Taliban official. Judge Ricardo Urbina denied his petition for a wr...

I promised earlier this week to explore the differences between the House and Senate language in their respective versions of the National Defense Authorization Act concerning retrictions on transfers of...

Some time back, I spoke at a panel at Duke Law School on detention policy alongside, among others, Michael Gottlieb, who had just completed a fourteen month tour as the top civilian official in Task Forc...

In response to my post earlier today on Senator McConnell's call for the defendants in the Kentucky-Iraq case to be transferred to GTMO, the  spokesman for DOJ's National Security Division (Dean Boyd) sh...

Senator McConnell has an op-ed in the Washington Post sharply criticizing the Obama administration for pursuing a civilian court prosecution of two Iraqi men who were arrested in Kentucky recently on cha...

The invaluable Steve Aftergood, over at Secrecy News, is reporting: Attorneys for New York Times reporter James Risen yesterday asked a court to quash a subpoena requiring him to testify in the case of f...

A few weeks ago, Ben pointed out that two detainees had moved to drop their appeals, with their lawyer essentially calling the cases lost causes. Word comes today that the D.C.

I just got a look at a bootlegged copy of the Senate Armed Services Committee language on detainee matters. The following is a quick and dirty summary--which proceeds in the order the provisions appear i...

The D.C. Circuit Court this morning handed down two opinions that may be of interest to Lawfare readers. In Ali v. Rumsfeld, Judge Karen LeCraft Henderson delivered the opinion which affirmed the distri...

The Senate Armed Services Committee announced Friday that it had completed its markup of the National Defense Authorization Act for FY 2012.

Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester...