I was out of the country last week and missed the opportunity to weigh in promptly on the Hamdan decision.  In reading the reactions, I have noted that many human rights and civil liberties groups have i...

I have now read through Al Maqaleh v. Gates and Hamidullah v. Obama, which are both brief reads. I don't have a great deal to say about them, except that they well represent the end of the line for the p...

Wells already posted U.S. District Judge John D. Bates's opinion dismissing Maqaeleh. Judge Bates also dismissed the related case of Hamidullah. I'm reading them both now and will have thoughts later tod...

Judge John Bates has granted the government's motion to dismiss in Al-Maqaleh et al v. Gates---in which detainees at Bagram Airfield in Afghanistan had petitioned for writs of habeas corpus.

Jonathan Witmer-Rich of the Cleveland-Marshall College of Law writes in with these comments on Hamdan II: Reflecting on Hamdan II, I wonder if the court really responded to the government’s opening argum...

Steve, Ben, Jack, and Bobby have already posted some excellent thoughts on the DC Circuit's decision in Hamdan II.  I agree with many of them.

The Washington Post reports : The Center for Constitutional Rights, a private group which has been deeply involved in detainee issues, praised Tuesday’s decision but said it does not go far enough.

I somehow missed the D.C. Circuit habeas appeal of Guantanamo detainee Abdul Qader Ahmen Hussein, whose case is to be argued today. It appeals this decision from a year ago by U.S. District Judge Reggie ...

[UPDATE: A reader points out that when discussing this subject back in 2011, the question had arisen as to whether this was indeed the best reading of 2339B(d) for the 1996-2004 period.  I had responded ...

In his post on yesterday's decision in (what I think we should all call) Hamdan II, Jack writes "The historical arguments for a conspiracy charge in military commissions under the laws of war, while not ...

Five brief thoughts on yesterday’s Hamdan decision: First, I am less confident than Steve and Ben that this opinion forecloses conspiracy claims in military commissions.  The historical arguments for a ...

I largely agree with Steve’s excellent post on the D.C. Circuit’s Hamdan decision today. In particular, and most importantly, I agree that the logic of the opinion strongly indicates that military commis...