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The Meaningful Legal Differences Between Stateside and Guantánamo Detention
Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only m... -
How Not to Close Guantanamo: Bring It Here
Ben asks “What Would it Take to Close Guantanamo?” and he provides a thoughtful response weighted toward the political landscape. But there’s another not-so-merely-philosophical question that underlies h... -
<em>al-Nashiri</em> Argument Preview: The CMCR's Appointments Clause Problem
Next Tuesday, a three-judge panel of the D.C. -
What the Detention Policy Debate Really <em>Is</em> About
Ben bemoans the state our nation’s current debate over Guantanamo as “terrible,” observing that “the arguments about Guantanamo are nearly all wrong, disingenuous, irrelevant, or just plain dumb.” It’s ... -
Thoughts on the Al-Marri Release
In October 2009, Ali Saleh Al-Marri was sentenced to more than eight years in prison under a plea deal the Al Qaeda sleeper agent had struck with federal prosecutors. -
The French Response to Terror: Counterterrorism Detention and Prosecutions Across the Atlantic
In the aftermath of the Paris terror attacks on Charlie Hebdo and a kosher grocery, Western European security forces unleashed a dizzying storm of arrests and prosecutions and announced "exceptional" new... -
Moral Obtuseness, Guantanamo, Boko Haram, and the Media
This morning's BBC’s NewsHour show opened with a news judgment reflecting a genuinely odd moral calculus. At the end of the show’s headlines section, announcer James Menendez says: “coming up later in t... -
Welcome to Brooklyn: 2 AQ members who attacked US forces abroad brought to US for civilian trial
An interesting development in the ongoing debate regarding the optimal disposition for captured al Qaeda members: The Justice Department has just announced that two al Qaeda members (both citizens of Yem... -
Did the FBI Just Prevent an Attack in DC from a Homegrown ISIS Supporter?
A very, very big arrest in Cincinnati today, involving allegations that a man named Christopher Cornell (online alias Raheel Mahrus Ubaydah) had planned to travel to DC in order to carry out an attack (v... -
Law Enforcement as a Counterterrorism Tool
As I read the exchange between Bryan, Wells and Jack about law enforcement versus military methods of dealing with terrorism, I was reminded of a speech I gave at the Brookings Institution in 2010, which... -
On War and Crime
Yesterday at Lawfare, Bryan Cunningham sought to breathe new life into the “military versus law enforcement” debate over terrorism, along the way deeming the horrific assaults in Paris to be “consequence... -
Convening Authority Invalidates Military Commission Conviction
It seems the D.C. Circuit's commission jurisprudence is kicking in.
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