This just in: President Obama today nominated Professor Scott L. Silliman and William B. Pollard III to the U.S. Court of Military Commission Review. Both men are highly qualified and will bring differe...

Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions: 1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-...

Peter Margulies of Roger Williams Law School writes in with the following critique of the Latif decision and praise of Judge David Tatel's dissent. While I don't agree with every aspect of this analysis,...

I have now read the entirety of Latif, and I am--quite honestly--not entirely sure what to make of it. For one thing, the redactions are extensive, far more so than in the normal D.C. Circuit habeas case...

I have only just begun reading the D.C. Circuit's decision in Latif, but it already clear to me that it is a very big deal. Judge Janice Rogers Brown, for the majority, expressly adopts a presumption in ...

The D.C. Circuit has just released its redacted opinion in the case of Adnan Farhan Abd Al Latif, which it filed on October 14, 2011. The opinion is available here, and Lawfare has covered the case

The documents themselves are not available yet, but the docket in Nashiri reflects that on Friday, the government moved "for Public Access to This Military Commission Via Transmission of Open Court Proce...

Here's an interesting military commission development. The government has moved to disqualify counsel--and thus end the appeal--of Ali Hamza Ahmad Suliman Al Bahlul, whose military commission conviction ...

On his new blog, The Loyal Opposition, New York Times Editorial Page Editor Andrew Rosenthal has this post arguing that "One particularly compelling reason [not to use military commissions] is that tribu...

Last week I noted that al-Nashiri has moved for an order compelling the government to state whether it would remand him to military detention for the duration of hostilities in the event of an acquittal....

The Eleventh Circuit has affirmed the convictions of several members of the group referred to in the media variously as the “Miami 7,” the “Liberty City 7,” or the “Seas of David.”  The men were convicte...

The full Seventh Circuit has granted the government’s motion to rehear en banc Vance v. Rumsfeld, a suit by two U.S. citizens alleging that they were detained and tortured by U.S. forces in Iraq.