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As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over...
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Last week, security officials unsealed John Kiriakou's consolidated reply - in which the defendant takes on the government's opposition to his motion for a bill of particulars, and his motion to dismiss ...
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It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)...
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As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution. After several very quiet months...
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Get your memo in support here. Government response due on July 23, I hear.
The original opinion striking down Section 1021 of the NDAA is available here.
And no, I will not be participating in this pan...
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There seem to be many things habeas counsel might dislike about the proposed Memorandum of Understanding that DOJ has asked David Remes to sign. But like Ben, I’ll wait until I see the government’s resp...
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I received the following email just now--the first time in my life, and I suspect the last, that I ever been confused with a certain blogger over at Salon.com:
From: Lucas Vazquez
To: wittes.lawfare@gma...
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According to various media reports, General Stanley McChrystal suggested late last month that the United States should bring back the draft if it goes to war again, arguing that the costs of the wars in ...
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The government has filed its opposition brief in United States v.
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Next Wednesday at 10 a.m. in 2141 Rayburn House Office Building, the Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee will be holding a hearing on "National Securi...
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For D.C.-area readers, I'll be participating in what should be a lively discussion of the current and future legal and policy issues surrounding military commissions (I suspect it will be that much livel...
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Director of National Intelligence James R.