On Monday, we learned that a divided panel of the U.S. Court of Appeals for the D.C. Circuit has sided with the ACLU on the question whether the U.S. government can involuntarily transfer John Doe, a dua...

I very much appreciate Liza Goitein’s response on Lawfare this morning to an earlier post

In a Lawfare post on April 25, Bobby Chesney criticizes a New York Times editorial that opined that the Corker-Kaine AUMF could be used to attack Iran or North Korea. Because this part of the editorial l...

Tensions with North Korea have reinvigorated long-standing debates over when and how the United States should use military force. Legal experts have offered sometimes conflicting views on how domestic an...

There was a strange sense of deja vu this morning at the E. Barrett Prettyman Federal Courthouse. Three weeks after the U.S. Court of Appeals for the D.C. Circuit heard oral arguments over a preliminary ...

On April 25, Col. James Pohl, the presiding judge in United States v. Khalid Shaikh Mohammad et al. (commonly called the “9/11 case”), issued a ruling denying defendant Mustafa al-Hawsawi’s motion to dis...

That’s the remarkable claim purveyed this morning in a New York Times editorial. Here is the relevant passage:

When the D.C. Circuit hears oral argument in Doe v.

The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened in public session on April 17 after a break in proceedings since February.

Since this article's publishing, the U.S. District Court for the District of Columbia has released Judge Chutkan's ruling. Read it on Lawfare. Can the U.S. government transfer a dual U.S.-Saudi citizen,...