Last week, U.S. District Judge Gladys Kessler entered a temporary restraining order in a habeas case filed by Guantanamo detainee Jihad Dhiab. Among other things, and most interestingly, her ruling tempo...

That's perhaps the most eye-catching feature of this just-issued preservation order from U.S. District Judge Gladys Kessler. It reads, in pertinent part: On April 18, 2014, Petitioner Mohammed Abu Wa’el...

There are two: a cross-motion to hold Al-Nashiri's habeas case in abeyance, pending resolution of his military commission trial at Guantanamo; and a legal memorandum setting forth the government's argume...

In his response to my earlier Lawfare post on the FBI's investigation of Tamerlan Tsarnaev and a later review of that investigation by various Inspectors General, Michael German misconceives my argument....

It seems likely that Chief Justice Roberts will author the much-anticipated opinion in Bond v. United States. This comes as no surprise. The Chief Justice has assigned much opinion-writing in close and/o...

I was troubled by Philip Heymann’s Lawfare critique of the joint Inspectors General review of the government’s pre-Boston Marathon bombing investigation of Tamerlan Tsarnaev. There is much to commend in ...

Come and get it: a new trove of recently filed and/or unsealed pleadings in the closely watched and vigorously debated case of Al-Nashiri v.

There’s much common ground evident in Steve’s reply to my earlier post on the effort of Abd Al-Nashiri, the accused mastermind of the USS Cole bombing, to enjoin his military commission trial.  Steve and...

It’s clear from his post this morning that my friend Peter Margulies believes that Al-Nashiri’s new habeas challenge to his trial by military commission, which rests on the claim that the United States w...

The habeas challenge to military commissions recently filed by Abd Al Rahim Al-Nashiri is a loser on both procedure and substance.  Al-Nashiri, the alleged mastermind of the 2000 bombing of the USS Cole,...

You've likely heard: Abd al-Rahim al-Nashiri, a Guantanamo detainee facing capital military commission charges, last month mounted a new habeas challenge in the district court for D.C.

Very interesting and thoughtful comments over at Just Security by Marty Lederman on Justice Breyer's brief opinion in the Hussain cert denial the other day. Marty writes: As Justice Breyer notes . .