As Andrew Rosenthal noted in yesterday's New York Times, things seem to be heating up in Congress with respect to whether--and to what extent--the September 2001 Authorization for Use of Military Force (...

Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?"  His remarks begin as follows: Thank you, Mr. President and Members...

Next Thursday, the Supreme Court will decide whether or not to grant certiorari in United States v. Ali--the case in which the highest court in the military justice system, the Court of Appeals for the A...

While we are on the subject of Mark Mazzetti’s The Way of the Knife, and for that matter while we are speaking of Mali, check out this Washington Post report on U.S.

For those who wish to understand the organizational boundaries of the AUMF these days, Lashkar-e-Taiba provides an interesting and important test case.  Grist for the mill is found in this piece in Long ...

As the recent decisions by the Court of Military Commission Review (CMCR) in the Guantánamo military commission ACLU/media access cases suggests, there are a host of complicated and heretofore unresolved...

Philip Carter and Deborah Pearlstein have posted a thoughtful essay at Foreign Policy that emphasizes the utility of civilian criminal prosecution as a counterterrorism option.  I very much agree with th...

The WSJ has a story (behind paywall, I think) about the CIA “expanding its role in the campaign against the Syrian regime by feeding intelligence to select rebel fighters to use against government forces...

Military commission accused Ali Hamza Ahmad Sulaiman al-Bahlul has submitted his response to the government's petition for rehearing by the full D.C.

While we appreciate Ben's answer to our question (and share his view that we’re reaching the point of the conversation where everything has been said and everyone has said it), we still fail to understan...

Ben writes that it is the “political reality” that “any president is going to feel obliged to maintain counterterrorism on offense,” i.e., counterterrorism through military means, “and Congress—whining, ...