The Hill's Defcon blog has the scoop: in votes today regarding the rules for detention under the FY2013 NDAA, the House rejected the Smith-Amash amendment in a 238-182 largely party-line vote (19 Democra...

Over at the Empty Wheel blog, The Estimable Ms.

In my post this morning on Hedges, I wondered whether government counsel had made the court aware of the Obama administration's strong position against military detention for citizens and for anyone capt...

By now you've gotten the lowdown - from Steve, Bobby, Ben or from some or all of them - about yesterday's puzzling decision in Hedges v.

I am as perplexed by yesterday's Hedges decision as either Steve and Bobby--and largely agree with both of their posts on the subject.

A few reflections on Hedges v. Obama, enjoining at least some aspects of section 1021 of the NDAA: A Self-Inflicted Wound?

Ben is a far better wordsmith than I--"a little cowardly" communicates a lot more in a lot less than my post from Tuesday afternoon about why the House Armed Services Committee's version of the FY2013 Na...

I've now had more of a chance to read through Judge Forrest's decision Wednesday in Hedges v. Obama, which (seems to) enter a preliminary injunction against some or all of section 1021 of the FY2012 Nati...

Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing...

The debate over the Smith-Amash amendment to the NDAA continues. Yesterday, we posted a letter written by former administration attorneys general criticizing that amendment, among others. Today, it's twe...

I have largely refrained from commenting on the machinations over this year's NDAA--in part because I'm still a little worn out from last year's NDAA, and in part because the issue seems to me a bit of t...