John Brennan's speech yesterday was important for at least three reasons: (1) it marked the first official White House acknowledgment that “the United States Government conducts targeted strikes against ...

THE WHITE HOUSE Office of the Press Secretary _____________________________________________________________________________________________________________________________________________________________...

Last October, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I said that “the administration needs to work harder to explain and defend its use ...

I’m very excited to join the Lawfare team. As a first post, I’d draw readers’ attention to Jack’s Washington Post op-ed, in which he discusses how candidate Romney might to try to differentiate himself f...

Two new Congressional Research Service reports came out earlier this month concerning the NDAA, thanks to Steve Aftergood of Secrecy News. The first, Detention of U.S. Persons as Enemy Belligerents, is a...

Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...

Is al Qaeda in the Arabian Peninsula (AQAP) so distinct from the original al Qaeda network (“core al Qaeda”) that the use of force against AQAP cannot be justified, as a matter of U.S.

In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...

Rumor has it that sometime this week (perhaps as early as tomorrow), Congressmen Scott Rigell (R-VA) and Jeff Landry (R-LA) will introduce a bill titled the "Right to Habeas Corpus Act." In short, the bi...

An important predicate for the legal and political justification for the U.S.

A couple of weeks ago, I poked fun at the Virginia General Assembly's protest legislation aimed at the NDAA and wondered if Gov. Bob McDonnell would veto it. As things turned out, he didn't; he proposed ...

Pardon the interruption from the wall-to-wall Nashiri coverage, but before it disappears too far into the past, I wanted to flag United States v. Ali--a case in which the Court of Appeals for the Armed F...