A response to Steve Vladeck's post on Section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF. 

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.

Judge Walton has released his unclassified opinion in Karim Bostan (ISN 975) v. Obama, denying Bostan's habeas petition (the decisions appears to have issued in classified form on October 12th). The gove...

Oral arguments in Lebron v. Rumsfeld took place before the Fourth Circuit on Wednesday.

I posted a few days ago regarding the Mehanna prosecution, noting that the defense requested a jury instruction on First Amendment issues.  It turns out this was a request for three preliminary instructi...

Judge Lamberth has granted a joint motion by Sharqawi Abdu ali Al-Hajj (ISN 1457) and the government to dismiss al-Hajj’s habeas petition, without prejudice.  The one-page order is here.  For prior cover...

Musa'ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention.