I'm afraid I owe Lawfare readers an apology. Because of a calendar foul-up, I missed yesterday's D.C. Circuit argument in Alsabri v. Obama, a Guantanamo habeas case--nor did I write an oral argument prev...

Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and ...

The defense in United States v.

The invaluable Josh Gerstein of the Politico offers these important pieces of the legislative politics puzzle surrounding the Kelly Ayotte amendment, which I wrote about here and here: The vote, taken ju...

The Kelly Ayotte amendment I discussed yesterday was voted down late last night, reports the Associated Press: WASHINGTON — The Senate voted early Friday to reject a Republican effort to prohibit the Uni...

Another unpleasant proposed spending restriction related to trying suspected terrorists--this time from Senator Kelly Ayotte. This is a proposed amendment to an appropriations bill for the Justice Depart...

Yesterday Jack linked to this piece by Noah Feldman, which among other things advances the argument that the Obama administration has resorted to drone strikes at least in part in order to avoid having t...

Pardiss Kebriaei writes in with the following response to my admittedly harsh summary of her D.C. Circuit argument in Al-Zahrani, in which I suggested that she had no good answer to a pretty basic jurisd...

The D.C. Circuit appears to have ruled in the case of Adnan Farhan Abd Al Latif (which Larkin previewed here, the briefs from which she posted here, the argument in which she and I covered here). Latif w...

So reports NPR here.

I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil...