Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing...

The debate over the Smith-Amash amendment to the NDAA continues. Yesterday, we posted a letter written by former administration attorneys general criticizing that amendment, among others. Today, it's twe...

I have largely refrained from commenting on the machinations over this year's NDAA--in part because I'm still a little worn out from last year's NDAA, and in part because the issue seems to me a bit of t...

The White House has issued a SAP (Statement of Administration Policy) threatening to veto HR 4310 (the NDAA FY '13) on various grounds, including objections to the detainee provisions found in sections 1...

We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been...

I have thus far stayed fairly mum on the FY2013 National Defense Authorization Act, if for no other reason than the 150 exams (now 80) that I have to grade.

As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court's nine Justices are set to review at their Conference this Friday. I just thought I'd f...

As Bobby noted previously, Rep. Adam Smith and others are proposing amendments to this year's NDAA that would make certain changes to the detention-related provisions implemented by last year's NDAA.  Am...

An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed--a case that receives little attention, b...

Writing at Foreign Policy, Chris Rogers of Open Society Foundations criticizes Afghanistan's plans for a non-criminal detention system (something occurring as part of the process of the U.S. turnover of ...

Just in from the Congressional Research Service, this report compares the rights of defendants tried in military commissions to those tried in federal criminal court. Presumably because of the commenceme...

Bobby joined Charlie Savage and Jack Healy in querying here whether the U.S. Government might consider asking the Iraqis to extradite Lebanese national Ali Musa Daqduq to the United States.