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Last Week at the Military Commissions: A Deluge of Discovery
Military judge James Pohl, the government, and the Walid Bin’Attash, Ramzi Binalshibh, Ali al-Bahlul, Khalid Sheikh Mohammad, and Mustafa al-Hawsawi defense teams returned to continue plowing through dis... -
A Daisy Chain of Associated Forces? On the Potential Use of Force in Niger Against al-Mourabitoun
[Update: Several people reached out after I posted last night, drawing attention to the fact that al-Mourabitoun (also spelled al Murabitun) apparently reunited with AQIM after its initial separation fro... -
Smith v. Trump: AUMF Challenge Pretrial Motion Summaries
As federal court and national security experts are noting, on Oct. 27, the D.C. Circuit will hear oral argument in Smith v. Trump (formerly Smith v. Obama). The case challenges the propriety of invoking ... -
D.C. District Court Issues Order in ACLU v. Mattis
The D.C. District Court issued an order in American Civil Liberties Union Foundation v. James Mattis, the ACLU's suit on behalf of the unnamed American citizen being held as an enemy combatant by the U.S... -
Al-Alwi v. Trump: Appeal to D.C. Circuit to Determine End of Hostilities in Afghanistan
On October 2, counsel for Guantánamo detainee Moath Hamza Ahmed al-Alwi filed their opening brief in an appeal to the U.S. Court of Appeals for the D.C. Circuit. -
Questions Senators Should Ask at the AUMF Hearing Regarding the US Citizen Enemy Combatant
On October 30th, the Senate Committee on Foreign Relations will hold a hearing titled "The Authorizations for Use of Military Force: Adminstration Perspective," featuring Secretaries Mattis and Tillerson... -
The Lawfare Podcast, Bonus Edition: Steve Vladeck on Detaining an American Enemy Combatant
When an American ISIS fighter turned himself in to Syrian Democratic Forces last month, the subsequent detention of the unnamed enemy combatant by U.S. forces sparked concern. To explore the implications... -
Why the Collapse of Al-Nashiri’s Defense Team Matters
Last week, the chief defense counsel for the Military Commission Defense Organization, Brig. Gen. John Baker, excused the civilian members of the trial defense team in the military commission of United S... -
Statement from Military Commissions Chief Prosecutor Brig. Gen. Mark Martins for October 14
Brig. Gen. Mark Martins, the chief prosecutor at the military commissions, released the following statement on Saturday on the occasion of this week's military commission hearings in the trial of those a... -
Transatlantic Workshop on International Law and Armed Conflict: Wounded and Sick, Proportionality, and Armaments
[Editor's note: This piece is the latest installment in a mutli-blog series building on the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, as explained in detail here.] Tra... -
Why the Plight of the John Doe Enemy Combatant Should Alarm You
For months, Ben and I have teasingly harkened back to the halcyon days when we used to disagree more often—when the relatively modest real estate between our respective views on U.S. national security la... -
Why I’m Not Panicked About That American Citizen Being Held in Military Custody
The detention by U.S. forces of a still-unnamed ISIS fighter who turned himself over to a U.S.-allied militia in Syria a few weeks ago has sparked cries of alarm that hark back to the early days of the p...
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