Further to the exchange between myself and Steve Vladeck regarding Section 1031 of the SASC version of the NDAA FY '12, Raha Wala (Human Rights First) writes in with the following thoughtful comments and...

Two streams of detention-related legal argument came together at the Senate Judiciary Committee today, as AG Holder answered questions from Senator Graham.  Their colloquy blended the question of the fat...

The documents themselves are not available yet, but the docket in Nashiri reflects that on Friday, the government moved "for Public Access to This Military Commission Via Transmission of Open Court Proce...

Here's an interesting military commission development. The government has moved to disqualify counsel--and thus end the appeal--of Ali Hamza Ahmad Suliman Al Bahlul, whose military commission conviction ...

Following up on my last post regarding section 1031 of the NDAA FY 12 and the future of detention authority, I want to draw attention to what strikes me as a huge and looming issue--but one that is getti...

On his new blog, The Loyal Opposition, New York Times Editorial Page Editor Andrew Rosenthal has this post arguing that "One particularly compelling reason [not to use military commissions] is that tribu...

In a post on the American Constitution Society's blog, Steve Vladeck takes aim at section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF. If you'...

Last week I noted that al-Nashiri has moved for an order compelling the government to state whether it would remand him to military detention for the duration of hostilities in the event of an acquittal....

The Eleventh Circuit has affirmed the convictions of several members of the group referred to in the media variously as the “Miami 7,” the “Liberty City 7,” or the “Seas of David.”  The men were convicte...

Dramatic news out of Atlanta yesterday, as federal prosecutors announced the arrest of members of a "fringe militia group" charged with conspiring to carry out an array of terrorist attacks on government...

The full Seventh Circuit has granted the government’s motion to rehear en banc Vance v. Rumsfeld, a suit by two U.S. citizens alleging that they were detained and tortured by U.S. forces in Iraq.