News that charges have been re-sworn against al-Nashiri in the military commission system has prompted commentary regarding which Title 18 offenses could have been brought had he been charged instead in ...

I do not have a copy of the sworn charges, but the details from the press release today appear below.  For comparison’s sake, you can find the earlier iteration of charges and motion papers relating to N...

The other day, I expressed bewilderment at the intellectual convergence between the political Left and Judge Laurence Silberman over whether post-Boumediene litigation has left habeas an empty shell.

One GTMO-related case—Khadr v. Obama (No. 10-751) remains pending before the Supreme Court at the certiorari stage, and it has just been re-listed for the first time (Kiyemba, in which the Court just den...

Today the Supreme Court denied cert. to the five Uighur detainees held at Guantanamo.

Two quick comments on today's New York Times editorial: First, the Times begins with a remarkable normative assertion: "In bringing justice to those accused of plotting the Sept.

Bobby and I just finished an unusually good panel at the annual Duke University national security law conference. It was entitled "Indefinite Detention of Terrorists" and was one of the best such events ...

Today counsel for the five Kiyemba v. Obama petitioners who are seeking cert.

The recent decision from the D.C. Circuit (the Esmail affirmance), and Supreme Court's recent cert. denials in several cases, warrant an update to our habeas numbers.

They say you can't tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him ...

Last week the AP published a rather breathless piece titled "AP Exclusive: US military holds terror suspects in secret jails for weeks without charge."  That certainly got my attention.  From the title, ...