I was just reading a piece by Adam Serwer (Mother Jones) regarding the NDAA detainee provisions, and came across this pithy line from Ben: "If Congress is going to take the president seriously, it has to...

When we last looked in on Al Maqaleh v. Gates, the case seeking to extend the right to federal habeas review for non-Afghan detainees held in the U.S.-controlled detention facility in Afghanistan, the pe...

The Senate's new NDAA language changes almost nothing. Yes, there are some technical adjustments, which Bobby has described in detail, and some of these may serve to lessen slightly the irrational burden...

Two weeks ago, I had a few posts discussing the scope of detention authority authorized under section 1031 of the then-pending SASC version of the NDAA, in response to Steve Vladeck's concern that the la...

On Tuesday, the Senate Armed Services Committee passed a new version of the controversial detainee provisions to be included in the National Defense Authorization Act for FY ’12. The text is here, thanks...

I was going to write an oral argument preview this week for the D.C. Circuit's coming oral argument in the case of Fayiz Mohammed Ahmed Al Kandari, the next Guantanamo habeas petitioner to come before th...

Over at the Empty Wheel blog, Marcy Wheeler has a very impressive set of speculations regarding what the mysterious Report at issue in Latif (which I discuss at length here) might be. Here's her bottom l...

At last, you have reached the final post in Lawfare’s coverage of the motions hearing portion of Abd al-Rahim al-Nashiri’s arraignment.

The D.C. Circuit strongly disfavors en banc review. For longstanding cultural reasons, the court avoids en bancs whenever possible. This is generally a good thing. En bancs can be ugly; they stress a cou...

The more I study the D.C. Circuit decision in Latif, the more important I think it is, and the more regrettable I think it probably is. I'm going to spread this out over two posts. In this one, which is ...

Abdeladim El-Kabir was arrested in Germany, along with two other men, back in April of this year.  German officials at the time alleged that the men were planning to build a bomb to use somewhere in Euro...

Here's my question: Why has there been virtually no press coverage of the Latif decision? Other than this article on CNN's web page, which actually ignores the aspect of the case that makes it jurisprude...