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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...
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Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom. Jonathan write...
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Ken and Ben have recently commented on the national security speeches of Obama Administration officials, including most recently the remarks of CIA General Counsel Stephen Preston. As a former Bush Admi...
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So Charlie Savage is reporting over at the New York Times:
The transfer [of the two Uighurs] leaves 169 detainees at the prison in Cuba, but the Obama administration notified Congress several days ago th...
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... El Salvador. [I've just changed the title to reflect the fact that other Uighur detainees still remain at GTMO]. From DOD's press release:
IMMEDIATE RELEASE
No. 291-12
April 19, 2012
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Was it clearly established in 2006-07 that GTMO detainees were entitled to the protections of the Fifth Amendment? A district judge in Washington State thinks so, adding that it was clearly established ...
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How should we understand CIA General Counsel Stephen Preston's speech at Harvard Law School the other day? It is not, like earlier speeches by senior administration lawyers and counterterrorism officials...
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We now have a collection of speeches from the past two years by the Obama administration's top lawyers in the national security agencies and departments on targeted killing and (hypothetically speaking) ...
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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...
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An important predicate for the legal and political justification for the U.S.
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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 ...
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Nigeria seems to have just added some state practice to the debate about whether and when an armed conflict exists between a state and a terrorist group. On Tuesday, the Nigerian Army’s Chief of Staff i...