This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences: (1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ...

Is al Qaeda in the Arabian Peninsula (AQAP) so distinct from the original al Qaeda network (“core al Qaeda”) that the use of force against AQAP cannot be justified, as a matter of U.S.

Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that's still moving in the lower courts. There was a time, not ...

In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...

Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom.   Jonathan write...

David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent.

Peter Margulies of Roger Williams University School of Law writes in with the following response to David Cole's recent article on the Tarek Mehanna case: While David Cole’s passionate defense of the Fir...

Ken and Ben have recently commented on the national security speeches of Obama Administration officials, including most recently the remarks of CIA General Counsel Stephen Preston.  As a former Bush Admi...

Georgetown law professor David Cole has this disturbing article in the New York Review of Books Blog on the Tarek Mehanna case. I have not followed this case carefully in the district court, but this art...

So Charlie Savage is reporting over at the New York Times: The transfer [of the two Uighurs] leaves 169 detainees at the prison in Cuba, but the Obama administration notified Congress several days ago th...

... El Salvador. [I've just changed the title to reflect the fact that other Uighur detainees still remain at GTMO].  From DOD's press release: IMMEDIATE RELEASE No.     291-12 April 19, 2012

Was it clearly established in 2006-07 that GTMO detainees were entitled to the protections of the Fifth Amendment?  A district judge in Washington State thinks so, adding that it was clearly established ...