It’s game time, y’all. The military judge, Army Col. James Pohl, ascends the bench and resumes pretrial proceedings in the 9/11 case.  All five accused are present, along with their lawyers and a few oth...

You'll find it here. And that's as good a reminder as any that, tomorrow, Lawfare will resume coverage of pretrial motions hearings in United States v. Mohammed et. al.  This week's four-day session wil...

I was asked to give testimony today before a House Foreign Affairs subcommittee on two topics that may seem largely unconnected: the vitality and adequacy of the AUMF for the conflict the United States i...

The D.C. Circuit has just handed down a 12-page decision in Abdullah v. Obama, affirming the district court's denial of Abdullah's motion to enjoin the U.S. government from detaining him. Hani Saleh Rash...

My very first Lawfare post, back in December 2011, focused on the messy constitutional question raised by United States v. Ali—a case then pending before the Court of Appeals for the Armed Forces that ra...

In yesterday’s New York Times, Ben Weiser reported that Abu Ghaith’s case has renewed the “debate” over civilian terrorism trials.

Over at Just Security, Marty Lederman has an interesting piece about a Guantanamo case the Supreme Court has relisted three times for consideration at conference. He writes: The Supreme Court has reliste...

Benjamin Weiser of the New York Times has the story: Sulaiman Abu Ghaith, the most senior adviser to Osama bin Laden to be tried in a civilian United States court since the Sept. 11 attacks, was convict...

I’ve already written at some length about the D.C. Circuit’s decision last month in Aamer v.

Today an interagency review panel will hear, by video hookup, the case of Guantanamo detainee Ali Ahmad al-Razihi.  The issue is whether the Yemeni's further detention is necessary to protect a continuin...