So we learn from ABC's Jake Tapper, who in turn quotes from Mark Bowden's forthcoming book, "The Finish," about the bin Laden raid: If Osama bin Laden had surrendered to the Navy SEALs, President Obama w...

Today marks the five-month anniversary of the oral arguments before the D.C. Circuit in United States v.

The Second Circuit Court of Appeals has has just stayed Judge Katherine Forrest's decision in Hedges: For the following reasons, we conclude that the public interest weighs in favor of granting the gover...

The D.C. Circuit has handed down procedural orders in two Guantanamo detention cases. The first grants a joint motion regarding Friday's oral argument in Khairkhwa v. Obama.  The argument session will b...

Now this is interesting: an amicus brief by retired military admirals and generals, on behalf of the appellant in Nashiri v.

The Kiobel v.

Petitioners yesterday filed supplementary declarations and exhibits in Al Maqaleh, better known as the after-Boumediene-does-Guantanamo-habeas-jurisdiction-run-to-Bagram case. During a hearing on the go...

So we learn from Politico's Josh Gerstein, who filed this report yesterday. Here's how Gerstein's piece begins: The U.S.

I had to restrain myself this morning at the D.C. Circuit from interrupting proceedings with an emergency request for an on-the-spot ruling in Wittes v. FAA---a case which has admittedly does not exist--...

Here’s your three-part read-out from yesterday’s argument in ACLU v. CIA, or the FOIA action seeking CIA documents about drones. By way of summary, a three judge panel of the D.C. Circuit, comprised of ...

Per Ben's and Bobby's responses to my post from earlier this week, I think one point needs to be made crystal clear: If Ben and Bobby are correct, then the phrase "substantial support" in the March 13 br...