In response to Charlie Savage's piece today concerning an interagency debate over whether to continue to argue for the viability of conspiracy and material support charges in the military commission syst...

As Ben noted the other day, the Obama administration issued a signing statement on the new NDAA arguing that its Guantánamo detainee-transfer restrictions are unconstitutional as a violation of the separ...

Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, "Judicial Review for Enemy Fighters: The Court's Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case."  (66 Vanderbilt L...

Ever caught a U.S. citizen you suspected of terrorism, and not known what to do with him? We have an app for you.

Told you so. President Obama has signed this year's NDAA--along with a meek kind of signing (whining?) statement. Here is the statement's discussion of the detention-related provisions--an account of whi...

Steve has already noted (and critiqued) this Washington Post story about continued “renditions” by the United States government.

Under the snazzy headline "Renditions continue under Obama, despite due-process concerns," today's Washington Post has a long article on the overseas arrest, detention, and subsequent criminal indictment...

Senators John McCain, Lindsey Graham, and Kelly Ayotte---who jointly filed an amicus brief in the Hedges appeal---are asking for argument time in the coming Second Circuit oral argument.

So what exactly is in the NDAA conference report that is prompting the agitation for a presidential veto? Here is a quick and dirty summary of "Subtitle D---Counterterrorism"---along with an explanation ...

Another noteworthy development in the conference version of the NDAA is section 1025.  Think of this as a new direction in the congressionalization of detention operations in Afghanistan. What do I mean...

Politico reports that Senate and House negotiators have reached an agreement on the NDAA, with votes in both houses expected later this week...and then, on to the White House.  The full text is available...