...and guess what? This post is not about any gross factual errors in either of them concerning the legality of detention. Perhaps that's because neither editorial really deals with the legality of deten...

This case may have almost nothing to do with national security law. But it has infuriated me ever since, as a Post editorial writer some years back, I spent a lot of time writing about criminal justice i...

I was trying to formulate my mixed feelings about the Vance and Doe decisions when I received the following email from a Lawfare reader.

Josh Gerstein at the Politico beat me to the punch with a point I have been meaning to make since looking at the Seventh Circuit's Vance decision yesterday: The viability of civil cases against former of...

Only days after a U.S. District Court in Washington allowed to proceed a suit by a U.S. citizen who alleged that he had been detained and tortured by U.S. forces in Iraq, the 7th Circuit Court of Appeals...

Josh Gerstein of Politico is reporting: The Justice Department is warning a federal appeals court not to disclose classified information about the National Security Agency's domestic surveillance program...

Back in June, I posted the appeal of Jose Padilla and his mother in a civil case against a group of current and former Defense Department officials.

Here is the July 29 opinion in which Judge Brinkema explains why NYT reporter James Risen will not have to testify, in the Jeffrey Sterling leak prosecution, about whether Sterling was Risen’s source for...

I have only had a chance to skim this lengthy opinion by U.S. District Judge James Gwin allowing a suit against Don Rumsfeld and others to proceed  on some counts. But it appears to allege quite remarkab...

Josh Gerstein at the Politico is reporting: The Obama administration is invoking the state secrets privilege to seek dismissal of part of a lawsuit brought by Muslims who claim that the FBI conducted swe...

Slate's Dahlia Lithwick has posted excerpts from the Aspen Security Forum event to which I linked on Sunday.

Nicholas Schmidle has a piece up at the New Yorker providing the most detailed account I've yet seen of the raid that killed bin Laden.  It's a gripping read, obviously very well informed by JSOC sources...