Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds. Section 1035 of the 2014 NDAA authorizes the Def...

Fascinating article in the Daily Beast from Nathan Bradley Bethea, who served with him: It was June 30, 2009, and I was in the city of Sharana, the capitol of Paktika province in Afghanistan. As I stepp...

Today’s Washington Post contains an interesting article about the backgrounds of the five released Taliban detainees entitled "Freed prisoners were battle-hardened Taliban commanders." According to the ...

Some wonderful (and quite NDAA-relevant) news, here reported by Talking Points Memo:  WASHINGTON (AP) — The only American soldier held prisoner in Afghanistan has been freed and is back in U.S. custod...

Today promises only closed argument on the government's motion to have the military judge reconsider his order for extensive discovery into the CIA's RDI program.  (Open argument was held yesterday.)  We...

We return from a recess-ette.  The parties quickly handle AE272, in which the defense asks the commission to replicate, in this case, a ruling entered in the 9/11 case.  Recall that in the latter, the FB...

Not a lot in President Obama's West Point speech that is new on Lawfare-related matters.

In AE13N, the defense seeks relief from the case’s protective order regarding national security information---in particular, permission for defense counsel in this commission case to draw on classified e...

It’s on---the open part of our proceedings, anyway.  Recall that court and counsel began their day already, some time earlier this morning, in a Role 505(h) session that has concluded.  The parties there...

The Chief Prosecutor at Guantanamo, Brig. Gen. Mark Martins, had this to say on the eve of a pre-trial motions hearing in United States v. Al-Nashiri---which commences tomorrow, and which Lawfare will co...

Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan.  Assuming that the winner of the Afghan presidential election will i...