The government has, unsurprisingly, filed a brief in opposition to Uthman Abdul Rahim Mohammed Uthman's cert petition. Uthman, a Guantanamo habeas petitioner, had asked the Supreme Court to review this d...

As Raff explains below, there was one amendment to S. 1867's detainee section that made it through: Senator Feinstein's amendment stating that the bill should not be read as favoring or disfavoring an in...

The Senate passed the NDAA (S. 1867) last night on a 93-7 vote. The seven senators who voted against final passage are: Coburn Harkin Lee Merkley Paul Sanders Wyden The bill now moves on to a co...

Alas, Brigadier General Mark Martins, now the chief prosecutor of the military commissions, can't blog for Lawfare any more, as he did when he was in the field in Afghanistan. He does, however, still hav...

There was a guilty plea today in United States v. Yusuf (S.D. Cal. Dec.

Senator Feinstein's amendment, which would have limited applicability of the NDAA's detention provisions to terrorism suspects captured abroad, was rejected in a 45-55 vote this afternoon.

There is a lot to talk about in regard to S. 1867, the NDAA bill currently under debate, other than section 1031 and 1032.  Take section 1036.  It's rather amazing this provisions hasn't generated more a...

I always read what Conor Friedersdorf has to say over at the Atlantic.  He's thoughtful and focused on the merits, and offers an important libertarian perspective on matters including the NDAA debate.  I...

New York Times editorial page editor Andy Rosenthal, in his Loyal Opposition blog, opens a post this morning on the NDAA by saying, When President Obama came into office in 2009 he promised to shut down ...

As so many of you have found our earlier post of the Senate debate over the NDAA useful, we wanted to offer legislative materials related to the Senate's deliberations.  I will continue to update this po...

...yet  it did get 30 "yea" votes.

As I noted the other day, I invited Pepperdine law professor Gregory McNeal to write a guest post summarizing his new article on U.S. targeting standards. He sent in the following: Thanks to Lawfare f...

The amendment to the Senate NDAA by Senator Mark Udall to strip out the detention provisions of the bill has gone down. The vote, 37 for it, and 61 against, wasn't even close.

The government has filed a reply brief in the dispute over whether Ali Hamza Ahmad Suliman al Bahlul's counsel, Michel Paradis, properly represents Al Bahlul in the D.C. Circuit appeal of his military co...

Reviewed by Kenneth Anderson Prisoners in War Ed. Sibylle Scheipers (Oxford 2010)