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the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order.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...

The Economist has run a thoughtful and interesting column on my idea that President Obama should embrace Guantanamo. The column contains a few factual errors. It attributes this argument to my book, Dete...

* United States v. Aldawsari (N.D. Tex. Feb.

Yesterday I drew attention to a piece by Daphne Eviatar (Human Rights First) concerning the DRB process for screening detainees in Afghanistan, emphasizing the following passage: Under international law,...

In a short piece published at Politico on Monday, Daphne Eviatar (Human Rights First) made a rather bold claim concerning the Detention Review Board process in Afghanistan: Under international law, a det...

Habeas lawyer David Remes writes with the following comments in response to my post yesterday objecting to the Scalise Amendment: You're right that Congress shouldn't bar Ambassador Dan Fried and his sta...

Yesterday, I drew attention to the mindless House amendment designed to zero out funding for State Department efforts to resettle Guantanamo detainees. I have  a proposed name for this amendment: The Let...

House Republicans have seen the enemy, and it is Daniel Fried--the State Department special envoy who has been trotting around the globe for the last two years trying to persuade other countries to help ...

In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama.

As Ben notes below, Steve Vladeck objects to the Circuit's recent ruling in Hatim insofar as that decision suggests that the Circuit has held that detention may be predicated on provision of material sup...