It comes in the case of Abdah and is available here, posing the following question: Whether, in a habeas corpus action, a Guantánamo detainee has a right to challenge his transfer to a foreign country on...

Yesterday, the Fourth Circuit announced decisions in Al Shimari v. CACI International and Al-Quraishi v. L-3 Services, Inc. Both cases involved tort suits brought by Iraqi civilians against U.S. military...

I promised last week to give some thoughts on Judge Henry Kennedy's recent opinion in Hentif as soon as I had a chance to read it. I was busy running some events over the past few days and only just got ...

A divided 11th Circuit panel has issued a lengthy opinion (112 pages in pdf, with the dissent) affirming the conviction of  Jose Padilla, Adham Hassoun, and Kifah Jayyousi, and granting the government's ...

Friday afternoon’s oral argument in Suleiman saw pretty even questioning of counsel for both sides from an interested panel.  Judges Merrick Garland, Thomas Griffith and David Tatel pressed Abdulrahman A...

I have little to add to Jack's excellent post yesterday about Charlie Savage's fascinating New York Times story on the latest dispute within the administration on the scope and reach of the AUMF. But I d...

An update: we've attended today's oral argument in Suleiman v. Obama, at the D.C. Circuit.  For scheduling reasons, however, we'll have to delay posting a recap of the argument until Monday.  Stay tuned ...

Here is the prepared text, released by the White House, of John Brennan's speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very intere...

It looks like I missed a habeas decision a few weeks ago. According to a docket entry of which I only became aware this morning, federal district Judge Royce Lamberth has ruled on the remand in the case ...