Fayiz Mohammed Ahmed Al-Kandari has filed a petition for rehearing en banc with the D.C. Circuit Court in his case against the U.S. His singular question is whether the Federal Rules of Evidence apply to...

A dispatch from the Lawfare North Pole: the White House seems to be using more aggressive language, in opposing Congress’s recent efforts to limit the executive branch’s authority over detainee affairs. ...

On Thursday, Judge Richard Leon of the U.S. District Court in D.C. issued a little-noticed decision granting dismissal in Al Janko v. Gates. The case is noteworthy, however, because Al Janko–unlike other...

David Glazier (Loyola Los Angeles) writes in with the following guest post in response to my earlier musings on the distribution of blame for the outcome in the Ali Musa Daqduq case: I think the analysis...

Counsel for Guantanamo habeas petitioners Uthman, Almerfedi, and Latif--all of whom have cert petitions pending or imminent--have asked the Supreme Court to hold off on deciding whether to grant until th...

As Lawfare readers know only too well, I don't engage with He Who Must Not Be Named on this Blog. I do, however, engage with Seema Saifee, who represents four Guantanamo Uighurs (three of whom are no lon...

Another bad development in the Daqduq situation (see here if you don't know whom I'm talking about).  According to the AP, Iraqi officials have indicated that the only charge they plan to bring against A...

We've previously covered the Fourth Circuit's pair of decisions in September dismissing tort suits against various contractors arising out of claims of torture at various detention facilities in Iraq--in...

What an interesting day for the question of how to address cases involving participation in the insurgency in Iraq. Earlier today we learned that Ali Musa Daqduq, the last American military detainee in ...

Last week, Nazul Gul and Adel Hassan Amad – both former Guantanamo detainees who were transferred by the United States to their home nations before their habeas petitions were resolved – sought a writ of...