I want to pile on briefly to Jack’s and Ben’s support for prosecuting Ahmed Abu Khattala in federal court for violation of U.S. criminal laws. I have pointed out for many years that civil liberties grou...

I agree with Jack that military detention or trial by military commission are likely not available options for Ahmed Abu Khattala. But I'm hung up on a different point: Why are so many conservatives so m...

Many have criticized the Obama administration’s plans to try the alleged leader of the Benghazi, Ahmed Abu Khattala, in civilian court.  “Ahmed Abu Khattala should be held at Guantanamo as a potential en...

I largely agree with Steve Vladeck's excellent post on Judge Richard Posner's decision yesterday in Daoud and Judge Ilana Rovner's concurrence in that decision.

Paul already flagged yesterday’s Seventh Circuit decision in Daoud, in which the Court of Appeals reversed Judge Coleman’s headline-grabbing order—which had required the government to provide Daoud’s sec...

A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v.

Today promises only closed argument on the government's motion to have the military judge reconsider his order for extensive discovery into the CIA's RDI program.  (Open argument was held yesterday.)  We...

Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan.  Assuming that the winner of the Afghan presidential election will i...

Made available today: a letter from Senators Dianne Feinstein and Carl Levin, which was sent to President Obama in January of this year and urged him to speed things up in the 9/11 case---chiefly by decl...