On Thursday morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in the latest in a long string of habeas appeals to make their way up the appellate chain: Masaab Al-Madhwani v. Bara...

More happened in Almerfedi v. Obama last week than just the release of the final public merits brief. Yesterday Judge Friedman denied the government's motion for a stay of the district court's order pend...

Here is the video of my talk today at Politics & Prose on Detention & Denial: The Case for Candor After Guantanamo. It is broken up into four segments. My thanks to Politics & Prose for hosting me and to...

I have been meaning for some time to post thoughts on the recent habeas denial in the case of Mashour Abudllah Muqbel Alsabri. It has slipped, however, because the opinion by Judge Ricardo Urbina, at 60 ...

The meme has been floating about for some time: the D.C. Circuit--and, particularly, the evil Judge A. Raymond Randolph--is subverting habeas, fighting a rear-guard action against the rule of law, and tu...

At Monday's Brookings event on judicial nominations, Chief Judge Royce Lamberth of the D.C. District Court offered a few thoughts on the impact of judicial vacancies on the D.C.

In his thoughtful critique of Jack and my recent statements, Ken Jost makes three distinct points that are each worthy of consideration. I will address them in turn. First, he writes, "The supposed dile...

Kenneth Jost of CQ Press and the Jost on Justice blog critiques Jack and me for our suggestions that it's time for President Obama to embrace Guantanamo: In a controversy with national security hawks on ...

Speaking of Al Warafi, I promised after the oral argument a few weeks back that I would reality-check my summary of the argument on a key point against the transcript of the argument when one became avai...

Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I in...

Daphne Eviatar and I have an interesting exchange underway, one that I think nicely illustrates some of the key points of legal disagreement that underly the detention debate (such as whether the ICCPR a...