As Benjamin Wittes and I noted a few weeks ago, these past few weeks have produced some interesting litigation activity regarding the Senate Intelligence Committee’s interrogation report. In the last day...

Given Donald Trump’s continuing fondness for Twitter over the course of his rise to power, it was perhaps inevitable that sooner or later, we would start seeing his tweets showing up in litigations. Turn...

It’s Monday, and pretrial proceedings resume in the case of alleged al-Qaeda commander Abd al Hadi al Iraqi, aka Nashwan al-Tamir.

DOD has issued the press release. Here is the opening:

Yesterday, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings to be conducted in the al-Iraqi case over the course of this week. His statement is a...

Nearly half a year after the DNC hack, the United States finally took action. Citing the role of the Russian government in cyber operations apparently intended to affect the U.S. presidential election, a...

Last week, Ben posted an order by Judge Royce Lamberth of the D.C. District Court granting a request by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interroga...

The Tallinn Manual on the International Law Applicable to Cyber Warfare is the most comprehensive and thoughtful work to date on the applicability of existing international law to cyber warfare.

The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under se...

Speaking of Guantanamo habeas litigation, which one of us was yesterday, there's been an interesting development in the Al-Nashiri habeas case. This particular habeas case out of Guantanamo has been a sl...

Don't look now but we're about to see at least one new Guantanamo habeas merits hearing—tomorrow, in fact.

Thursday’s morning session in the Nashiri proceedings begins a few minutes after 9am, with mlitary judge Air Force Colonel Vincent Spath calling the commission to order. The first witness of the day is E...