Thousands of westerners, including at least 100 Americans and more than 500 Britons, are known to have joined ISIS or the Al Nusra Front in Syria and Iraq.

Earlier this week Ben posted his own thoughts on the President's exercise of prosecutorial discretion in the enforcement of our immigration laws.  Now, we have the DOJ OLC opinion justifying the Presiden...

At the Miami Herald, Carol Rosenberg reports that the Pentagon today transferred 5 inmates at Guantanamo Bay to two countries in Europe. According to Rosenberg, three of the detainees were sent to Georg...

A while back I noted certain 9/11 defense counsel's objections to a proposed change to the CIA's policy, regarding the destruction of CIA e-mails. In August, a federal bureaucracy charged with appraising...

The D.C. Circuit has just issued a per curiam order denying six Guantanamo detainees' petition for rehearing en banc in Allaithi v. Rumsfeld. The detainees sought review of the D.C.

The prosecutor, Lt. Col. David Long, finishes his arguments regarding whether to push back argument on motion AE21, Al Hadi's challenge to physical touching by female Guantanamo guards.   Long says no. ...

Judge Waits ascends the bench and the hearing once more comes to order.  It seems Al-Hadi is here, along with attorneys for both sides. Housekeeping: The military judge explains that yesterday and this m...

In AE18, Lt. Col. Tom Jasper seeks, on behalf of Al-Hadi, to compel discovery into certain communications---those between the Convening Authority and Defense Department brass, regarding the release of Pr...

We return from recess, and Clayton resumes his argument in opposition to AE19---a motion to strike common allegations from the charge sheet against Al-Hadi. Clayton refers to Stirk’s suggestion that the...

In motion AE19, the defense asks the court to strike certain common allegations from the charge sheet. One of Al-Hadi’s lawyers, Maj. Ben Stirk, explains why. The incorporation of “common allegations” i...

The military judge, Capt. Keith Waits, calls our session to order.  All parties are present, including the accused.  That means a quick colloquy about Al-Hadi’s right to be present, the consequences of k...

The order grants a motion filed by Al-Nashiri, and was handed down today by Circuit Judges Cornelia Pillard and Judith Rogers, over the dissent of Circuit Judge Brett Kavanaugh. It's gist is temporarily ...