-
At his press conference today President Obama answered two questions about terrorist trials and closing GTMO. No real news here as far as I can tell, other than to reaffirm administration positions. He ...
-
That is the title of an op-ed by me in today’s Washington Post.
My proposals:
First, give up on closing the Guantanamo Bay facility. The administration has missed its one-year deadline. The symbolic ben...
-
Steve Aftergood at Secrecy News responds to the views of Greg McNeal and Marc Ambinder on the significance of proposed changes to FISC Rules of Procedure. Steve thinks the problem identified by Greg and...
-
The blogosphere and op-ed pages are abuzz with reaction to yesterday’s big Ninth Circuit decision concerning the state secrets privilege in Mohamed v.
-
Cybersecurity is in my opinion and the opinion of many in Washington the most significant national security challenge that the United States faces today. We are among the most computer-dependent of soci...
-
Greg McNeal has a very useful post regarding a potentially-important change contained in the proposed amendments to the Rules of Procedure of the Foreign Intelligence Surveillance Court. I'd glanced at...
-
I posted earlier today about the two opinions controlling the outcome in Jeppesen Dataplan, today's big Ninth Circuit case, and am now writing with an overview of the five-vote dissent in that case by Ju...
-
A friend bristled at the title of this blog, Lawfare, because he thinks that the first sense in which Ben uses the term in his initial post – the use of law as a weapon of war – has derogatory connotatio...
-
A closely-divided en banc 9th Circuit has reversed an earlier panel decision that had in turn reversed a district court decision dismissing this civil suit relating to the CIA’s rendition program. The ...
-
Steve Vladeck makes a few important points in response to my post on the habeas scorecard. In defending the scorecard, he first notes that my list of problems with it is incomplete, since "the scorecard ...
-
Ben notes that one major flaw of the “scorecard” approach to the GTMO habeas litigation is that it fails to convey to the casual reader any sense of the considerable success the government has had thus f...
-
It has become something of a convention in the copious journalism surrounding the Guantanamo habeas litigations to keep a win-loss scorecard. A typical example is this recent story by Miami Herald report...
-
Daphne Eviatar responds to my comments and challenge of last week. As promised, I am posting her response unedited:
Last week, Brookings Institution fellow Benjamin Wittes continued an exchange we’ve bee...
-
The D.C. Circuit has a number of Guantanamo appeals pending. Consider us your one-stop-shopping brief superstore. Stay tuned for analysis of what the parties are arguing. For now, here's the raw material...
-
We are in the midst of a protracted round of merits litigation involving the habeas corpus petitions of Guantanamo detainees. The government has lost more often than it has won thusfar, but let’s not fo...
-
Anyone who is wondering why we are not taking comments on this blog should take a look at this and this and this from Orin Kerr. They are hilarious—and a bit depressing. My colleague Jonathan Rauch has s...
-
Judge Brown’s statement in the Al-Bihani rehearing denial sparks three thoughts:
1.
-
Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, kicks off our discussion of S. 3707 with some very-thoughtful comments on future dangerousness and the bill's bar on...
-
My former colleagues at the Washington Post editorial page this morning have a thoughtful piece on the targeting of Anwar Al-Aulaqi, on which Kevin Jon Heller and I sparred earlier in the week. The Post ...
-
David Addington, Vice-President Cheney’s Counsel and later Chief of Staff, is the new Vice-President for Domestic and Economic Policy Studies at the Heritage Foundation. Conor Friedersdorf complains tha...