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Petitioner Files Reply in Bahlul v. United States
Petitioner Ali al-Bahlul filed his reply brief yesterday in Bahlul v. United States, the D.C. -
Dhiab Preliminary Injunction Hearing Read-Out: Part One
Below you’ll find a read-out on the first of a three-day, preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker Abu Wa’El (Jihad) Dhiab. The Syrian national’s... -
History Suggests That Congress Will Only Authorize Force Against the Islamic State If the President Proposes and Pushes For an Authorization (or Screws Up Unilateral Force Badly)
President Obama says he would “welcome congressional support” but does not need authorization from Congress in order to use force against the Islamic State. The President appears to have taken no steps ... -
Judge Kessler’s Videotape Order and the Costs of Crying Wolf
The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa'el Dhiab's forced feedings to be unsealed (see Jane’s summary) is whether the public’s p... -
Judge Kessler Orders Release of Guantanamo Force-Feeding Videos
An important development today in Dhiab v. Obama: over the government's objections, D.C. District Court Judge Gladys Kessler has ordered the unsealing of secret videos that show Guantanamo Bay prisoner A... -
Dropping "Khorasan" for "al Qaeda"
There has been much talk about the "Khorasan Group" over the past several weeks, including occasional sharp questions regarding its nature and provenance. -
Panetta Slams White House on Iraq Withdrawal
A big Monday-morning quarterback question since ISIL began overrunning parts of Iraq as Iraqi military forces collapsed has been whether the United States should have kept in place a significant residual... -
A Reply to Marty Lederman
Marty Lederman has a thoughtful response over at Just Security to my post from yesterday. -
Folk International Law and Syrian Airstrikes
Earlier this year, I published an article called "Folk International Law," in which I argued that there were many unappreciated and little understood costs to the convergence of LOAC and international hu... -
Confusing the Issues in <em>al Bahlul</em>
For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C. -
The Significance of Harold Koh's Legal Defense of the Administration's Interpretation of the 2001 AUMF
Harold’s Koh’s grudging defense of the domestic legal basis for President’s Obama’s use of force against the Islamic State in Iraq and Syria is important. It adds little new to other defenses of the Pre... -
Why Article III Matters: A Reply to Peter Margulies on <em>al Bahlul</em>
I must confess that I don't fully understand Peter Margulies' response to my post from earlier today. My post argued that the bottom-side briefing in the D.C.
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