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Libya Chaos Means a Backward Step for Responsibility to Protect
Over on CNN’s Global Public Square, I’ve written about recent events in Libya – including the evacuation of American and many foreign diplomats – and what they mean for the Responsibility to Protect. -
Today's Headlines and Commentary
In this edition of Today's Headlines and Commentary, Lawfare will test out a new style convention. As you will see below, in order to make for easier skimming and locating within the post, we have boldfa... -
District Court Opinion in Al Odah v. United States
The U.S. District Court for the District of Columbia has granted the government’s motion to dismiss Fawzi Khalid Abdullah Fahad Al Odah’s petition for a writ of habeas corpus and declaratory judgment in ... -
The FISA Court and Article III: A Surreply to Orin
As I suspected it would, the exchange between my friend Orin Kerr and me on the constitutionality of the appellate review provisions in the Senate version of the USA FREEDOM Act has morphed into a broade... -
Programming Note: Military Commissions Coverage This Week
A little update from Lawfare HQ, regarding our remaining coverage of this week's pre-trial motions hearings in the military commission case of United States v. -
More on Article III and Appellate Review in the Leahy Bill
My friend Steve Vladeck has graciously responded to my post on the Article III problems I see with appellate review in the Leahy bill. I wanted to return to the issue one more time to sharpen the discuss... -
In Trouble With the Law
If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program. The report itself, which has not been submit... -
8/4 Session #5: Things 120, Part Two
CIA discovery---the subject of Judge Pohl’s ruling in AE120C, and a subsequent order on reconsideration---is still before us. In motion AE120BB, the defense seeks a timeline for getting its hands on such... -
8/4 Motions Hearing #4: Things 120, Part One
And lo, defense motion AE120S is before us. In it, the defense moves to compel production of an index of outstanding and denied discovery. But its not just any discovery we're talking about, as Capt. Da... -
8/4 Motions Hearing #3: Which Judges Get to Decide What
Not too long after lunch’s conclusion, court and counsel confront the question: will Judge Spath recuse himself from service as presiding judge, having served on the case for only a few weeks? Nope. Exp... -
Today's Headlines and Commentary
Israel has resumed attacks on the Gaza after a self-declared seven-hour cease-fire in effect for much of Monday, reports the Associated Press. -
8/4 Session #2: A New Judge, Part Two
We continue with Learned Counsel Richard Kammen’s questioning of Air Force Col. Vance Spath, the case’s new and recently detailed military judge. The defense has asked Judge Spath to recuse himself, giv...
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