I was going to write an oral argument preview this week for the D.C. Circuit's coming oral argument in the case of Fayiz Mohammed Ahmed Al Kandari, the next Guantanamo habeas petitioner to come before th...

David Cole has this very thoughtful essay on the Anwar Al Aulaqi killing in the New York Review of Books--a very thoughtful essay with a rather loaded opening. Cole's first sentence asks, "When can the p...

Over at the Empty Wheel blog, Marcy Wheeler has a very impressive set of speculations regarding what the mysterious Report at issue in Latif (which I discuss at length here) might be. Here's her bottom l...

The D.C. Circuit strongly disfavors en banc review. For longstanding cultural reasons, the court avoids en bancs whenever possible. This is generally a good thing. En bancs can be ugly; they stress a cou...

The more I study the D.C. Circuit decision in Latif, the more important I think it is, and the more regrettable I think it probably is. I'm going to spread this out over two posts. In this one, which is ...

Here's my question: Why has there been virtually no press coverage of the Latif decision? Other than this article on CNN's web page, which actually ignores the aspect of the case that makes it jurisprude...

This just in: President Obama today nominated Professor Scott L. Silliman and William B. Pollard III to the U.S. Court of Military Commission Review. Both men are highly qualified and will bring differe...

Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions: 1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-...

Peter Margulies of Roger Williams Law School writes in with the following critique of the Latif decision and praise of Judge David Tatel's dissent. While I don't agree with every aspect of this analysis,...

I have now read the entirety of Latif, and I am--quite honestly--not entirely sure what to make of it. For one thing, the redactions are extensive, far more so than in the normal D.C. Circuit habeas case...

I have only just begun reading the D.C. Circuit's decision in Latif, but it already clear to me that it is a very big deal. Judge Janice Rogers Brown, for the majority, expressly adopts a presumption in ...

The D.C. Circuit has just released its redacted opinion in the case of Adnan Farhan Abd Al Latif, which it filed on October 14, 2011. The opinion is available here, and Lawfare has covered the case