Such was the exceedingly unshocking result of this morning's exceedingly brief detention hearing in the criminal case against Ahmed Abu Khattala. In his remarks, prosecutor Michael DiLorenzo essentially...

I am actually a tad surprised that Monday's filing did not come a touch more quickly.

Get yer copy right here. Highlights: In the days before the Attack, the defendant voiced concern and opposition to the presence of an American facility in Benghazi. On September 11, 2012, at approximatel...

Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of cours...

[Update:  A colleague writes in to say that Khatalla may have been in "civilian" custody, formally speaking, all along.  That may be; I recall a statement after the capture to the effect that the raid wa...

That's the gist of this Rule 28(j) letter, regarding pertinent post-argument authority.  It was filed today with the D.C. Circuit by lawyers for Ali Hamza Ahmad Suliman al Bahlul, whose case could be dec...

As Wells noted a few days ago, the U.S. District Court for the District of Oregon issued an opinion this week in Latif v. Holder, which held unconstitutional certain redress procedures for individuals on...

As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequ...

Earlier this morning, we featured a post regarding key developments in the Mohamud criminal case in Oregon.

As I read Ben’s, Jack’s, John’s Steve’s and Wells’s posts, I come away with the impression that there is unanimous agreement at Lawfare that Abu Khattala (a) cannot be sent to Guantánamo for further inte...

I seem to have arrived late to the Abu Khattalla party. But I concur most emphatically that he should be tried in a stateside civilian court.