Sean Mirski, a Lawfare contributor, has a case note in the Harvard Law Review on the Second Circuit’s important post-Kiobel decision in Balintulo v.

My very first Lawfare post, back in December 2011, focused on the messy constitutional question raised by United States v. Ali—a case then pending before the Court of Appeals for the Armed Forces that ra...

In yesterday’s New York Times, Ben Weiser reported that Abu Ghaith’s case has renewed the “debate” over civilian terrorism trials.

Over at Just Security, Marty Lederman has an interesting piece about a Guantanamo case the Supreme Court has relisted three times for consideration at conference. He writes: The Supreme Court has reliste...

Benjamin Weiser of the New York Times has the story: Sulaiman Abu Ghaith, the most senior adviser to Osama bin Laden to be tried in a civilian United States court since the Sept. 11 attacks, was convict...

Andrew Beaujon at Poynter reports that at last week’s Sources and Secrets conference, NYT reporter James Risen, who is fighting a subpoena for information in the Jeffrey Sterling trial, made these remark...

I’ve already written at some length about the D.C. Circuit’s decision last month in Aamer v.

I am late in reporting that last month the Second Circuit affirmed the dismissal of the ATS and TVPA suit against former President Zedillo of Mexico, based on the Suggestion of Immunity signed by my succ...

Ken Dilanian has a story on Acting CIA General Counsel Robert Eatinger (whom Caroline Krass, just confirmed, will succeed.)  Eatinger is at the center of the fracas between CIA and SCCI because he sent a...