-
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...
-
In the few days this blog has been operating, it has already developed a readership with a remarkable range of expertise, background and politics--including people who have engaged the issue of detention...
-
As I discussed earlier, there is a common misapprehension in the debate over the Guantánamo habeas cases—and detention law more broadly—that equates legislative approaches to detention with harsher polic...
-
The Graham habeas bill is far from perfect. It would benefit a great deal from serious engagement from the administration (which has failed so far even to respond to it), habeas counsel, and human rights...
-
The Graham habeas bill is not entirely an exercise in codification and entrenchment of existing practices. It does, in important respects, modify and tailor the rules as well. The bill's innovations occu...