It’s on again.  After brief housekeeping, we quickly turn to the substance---and in particular to AE292 and 292T, pleadings jointly filed by the defense, and both asking for a wider inquiry into the gove...

Our special session convenes.  The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused.  But, and consistent with the unique n...

You'll find it here.  We'll cover the two-day mini-hearing, which will commence tomorrow at 0900 down at Guantanamo. The statement opens: Good evening and Happy Father’s Day. I refer to Father’s Day wit...

Yesterday’s HASC Committee Hearing (video here) on the Bergdahl swap was pretty eventful.  At least two important legal issues were discussed: the legality of not notifying Congress about the swap, and t...

A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v.

President Obama complained yesterday that Sergeant Bergdahl is “not a political football.”   That should be true, but unfortunately President Obama is responsible for kicking off the football game by ann...

I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDA...

The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds.

This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week: The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer...

Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl.  The President probably disregarded another statute...

What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it...