Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ...

Last week was a busy one for federal prosecutors in terrorism-related cases (though not atypically so).  There were at least four major developments worth highlighting, most of them largely under the nat...

My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a...

The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay...

Yesterday's release of the Khairkhwa decision prompts a few thoughts--and an update to the habeas data. The lengthy (79-page) opinion is an interesting document that, I suspect, will not have a profound...

The D.C. district court has issued an opinion in the habeas case of Khairulla Said Wali Khairkhwa, an Afghan national and former senior Taliban official. Judge Ricardo Urbina denied his petition for a wr...

I promised earlier this week to explore the differences between the House and Senate language in their respective versions of the National Defense Authorization Act concerning retrictions on transfers of...

Some time back, I spoke at a panel at Duke Law School on detention policy alongside, among others, Michael Gottlieb, who had just completed a fourteen month tour as the top civilian official in Task Forc...

Senator McConnell has an op-ed in the Washington Post sharply criticizing the Obama administration for pursuing a civilian court prosecution of two Iraqi men who were arrested in Kentucky recently on cha...

A few weeks ago, Ben pointed out that two detainees had moved to drop their appeals, with their lawyer essentially calling the cases lost causes. Word comes today that the D.C.

I just got a look at a bootlegged copy of the Senate Armed Services Committee language on detainee matters. The following is a quick and dirty summary--which proceeds in the order the provisions appear i...