Senators John McCain, Lindsey Graham, and Kelly Ayotte---who jointly filed an amicus brief in the Hedges appeal---are asking for argument time in the coming Second Circuit oral argument.

So what exactly is in the NDAA conference report that is prompting the agitation for a presidential veto? Here is a quick and dirty summary of "Subtitle D---Counterterrorism"---along with an explanation ...

Another noteworthy development in the conference version of the NDAA is section 1025.  Think of this as a new direction in the congressionalization of detention operations in Afghanistan. What do I mean...

I have an op-ed in today's New York Times entitled "Obama's Weakness on Treaties" arguing that the Obama Administration needs to work harder to get Senate approval of treaties in its second term.   Here ...

Politico reports that Senate and House negotiators have reached an agreement on the NDAA, with votes in both houses expected later this week...and then, on to the White House.  The full text is available...

Earlier this week, I posted a short note about the National Intelligence Council and its projection of alternate futures for the year 2030.  While I would never say the work was derivative :-), I should ...

Here is the White House's supplemental consolidated report regarding the deployment of U.S. armed forces.  The report is addressed to the Speaker of the House, and was---in the President's words---"prepa...

Yesterday, plaintiffs in Hedges v.

The Congressional Research Service published on December 4 a report entitled “Detention of U.S. Persons as Enemy Belligerents,” which the Federation of American Scientists has posted. Its summary reads: ...

Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...

Just after the election, I wrote:  As we have often discussed on this blog, and as Bobby has best documented, terrorist organizations that threaten the United States are increasingly difficult to fit und...