Secretary of State Kerry said yesterday: We're engaged in a major counterterrorism operation [against the Islamic State], and it's going to be a long-term counterterrorism operation.  I think war is the ...

Like Bobby, Wells, and Ben, I, too, was surprised to discover that the Obama Administration's legal theory (for the moment) appears to be that the Islamic State of Iraq and the Levant (ISIL) can be targe...

Like my colleagues Ben and Wells, I'm astonished to learn this evening that the Obama administration, having previously justified 140+ airstrikes against IS in Iraq on Article II grounds alone (at least ...

What Ben said. I certainly can see why the executive branch would want to adopt a reading as aggressive as this one: it nips some War Powers Resolution questions in the bud, and helps to make it more l...

The UN Report blog has posted a draft of the United States resolution to the UN Security Council on foreign terrorist fighters (FTFs) that was teased in yesterday a Reuters story. We'll have an analysis...

U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to pr...

This is a pretty interesting document: A 1944 memo from Herbert Weschler, then assistant attorney general, outlining the U.S. government's developing view of conspiracy as a war crime.

The latest DNI Guantanamo recidivism report is available here. The last such report is here. As you'll see, not a a lot of change.

And, since I'm catching up on my blogging this morning, let me also recommend this paper by Scott Glick from the National Security Division of DOJ.   Very much relevant to the ongoing meta-data debate an...

That seems to be the sum and substance of the Second Circuit's ruling today.

A couple of weeks ago, several non-Afghan detainees at Bagram Air Force Base, Afghanistan filed a cert petition with the Supreme Court after the D.C. Circuit affirmed the district court’s ruling that it ...