Here's a counter-intuitive view of the White Paper--from the always-interesting Andrew Kent: Although many critics with a strong civil liberties and human rights bent deplore the DOJ White Paper for vari...

John Yoo has a piece in the WSJ which argues that the real problem with the White Paper is that it extends due process protections to enemy combatants on the battlefield, thereby threatening to diminish ...

There is an increasing amount of talk about judicial review for at least some decisions to place specific persons on targeting lists for the use of lethal force outside of a combat zone (drones are not t...

I asked the other day what was becoming of the persons who presumably were being captured by French, Malian, or other forces fighting the Islamist extremists in Mali.  Turns out there are a couple of ans...

Amid the flurry of writing about the White Paper’s approach to “imminence” – an important conversation, to be sure – little attention has been paid to a paragraph in the White Paper that seems to establi...

While the brouhaha over the White Paper rages, Sarah Goodyear writes in The Atlantic Cities about a novel concept from one Asher J. Kohn which might, in the near future, moot the whole discussion: "Archi...

The central substantive issue, legally and morally, in the administration's Targeted Killing White Paper is how the concept of an "imminent threat" should be understood. This is where much of the debate ...

Eric Posner and Jeff Rosen have sharply different takes on the White paper.  Jeff is outraged: The Justice Department white paper released on Monday by NBC News is the public's first direct glimpse at t...

We don't disagree with Jack that the filling in of details in the White Paper is important---and didn't mean to suggest otherwise. But the importance Jack assigns to this aspect of the White Paper is dec...

We’re back, and the parties jointly request a discussion of AE56---the government’s request for oral depositions. Regarding those, the dates the government proposed earlier are no longer feasible, for o...

The commission is called to order, with all parties present---including the accused.  The witness, Dr. Iacopino, also is “here,” albeit only virtually: he appears today by video teleconference ("VTC"), w...

This afternoon, we continue with a second day of almost-live, CCTV-broadcasted hearings in the military commission case of United States v. Al-Nashiri.  As always, Lawfare is in the house---Fort Meade's ...