John McLaughlin, who was Deputy Director of the CIA from 2000-2004, has a nice essay in FP on how the patterns of terrorism we face today differ from the ones that prevailed in the years after 9/11.  Man...

David Remes, who represents several Yemeni detainees at Guantanamo Bay, writes in response to my comments this morning on Eric Lewis's New York Times column: Ben chides Eric Lewis for setting goals Ben t...

Back in June, I wrote a fairly lengthy post analyzing the ability of detainees in U.S. custody facing extradition or other involuntary transfer to a foreign sovereign to challenge their transfer pursuant...

Writing at the New York Times web site, Eric Lewis of Lewis Baach, describes a human rights agenda for the Obama administration's second term: First, he must release certain Guantánamo detainees, who hav...

I was struck by this report of a recent oral argument in the 2nd Circuit involving a terrorism prosecution.  The defendant (and his co-conspirators) were convicted of having plotted to blow up a synagogu...

A sharply-divide en banc Seventh Circuit Court of Appeals has handed down its opinion in Vance v. Rumsefeld, reversing a panel decision to allow a suit by American citizens alleging detention and torture...

I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...

Andrew Kent of Fordham University School of Law has a challenging new essay out on whether Boumediene rights expire--arguing provocatively that they do, notwithstanding government concessions in habeas l...

[Update (11:41 a.m.