Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...

Just after the election, I wrote:  As we have often discussed on this blog, and as Bobby has best documented, terrorist organizations that threaten the United States are increasingly difficult to fit und...

As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule f...

Wells is exactly right--and Senators Levin and Graham are exactly wrong--about the implications of last night's Senate vote approving Senator Feinstein's amendment to the FY2013 National Defense Authoriz...

Speaking of responses to my comments on the New York Times debate, Andrea Prasow of Human Rights Watch---who participated in the discussion---sends in the following: Ben seems to find it boring that Huma...

Ben notes what appears to be a draft proposal from Senator Rand Paul to amend the NDAA so as to address situations involving American citizens captured inside the United States.  While the context sugges...

A source sent me a copy of this email, apparently from Senator Rand Paul's office last week to Republican Senate legislative directors about a coming amendment by the senator to restrict military detenti...

While I am sure we differ in emphasis and details, I agree with the thrust of Trevor’s latest post.  As I argued in my last two books, the early Bush administration approach to presidential power was, in...

I appreciate Jack's follow-up post on the larger picture of the Obama administration's counterterrorism policies and their points of continuity with the Bush administration (though only the late Bush, as...

When I wrote on Friday about the “basic counterterrorism policies that Obama continued, with tweaks, from the late Bush administration,” I meant to refer only to policies that “Obama continued” from the ...

I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term.

David Remes, who represents several Yemeni detainees at Guantanamo Bay, writes in response to my comments this morning on Eric Lewis's New York Times column: Ben chides Eric Lewis for setting goals Ben t...