As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequ...

Earlier this morning, we featured a post regarding key developments in the Mohamud criminal case in Oregon.

As I read Ben’s, Jack’s, John’s Steve’s and Wells’s posts, I come away with the impression that there is unanimous agreement at Lawfare that Abu Khattala (a) cannot be sent to Guantánamo for further inte...

I seem to have arrived late to the Abu Khattalla party. But I concur most emphatically that he should be tried in a stateside civilian court.

Among the proposed amendments to the DOD appropriations bill currently under consideration in the House of Representatives is this doozy, courtesy of Arkansas Rep.

Here it is.  The text opens: Good afternoon. Today Abd al Hadi al-Iraqi—an Iraqi national whose records indicate was born as Nashwan Abd al Razzaq in 1961 in the city of Mosul—was arraigned before a Unit...

It’s go time at the Expeditionary Legal Complex, Courtroom Two. After some shuffling of papers and adjusting of microphones, the military judge, Navy Capt. J. Kirk Waits, calls the initial hearing to ord...

It’s refreshing to find voices of reason in Ben’s, Jack’s, and John’s posts on the Abu Khattala capture.

This afternoon, Abd Al-Hadi Al-Iraqi will be arraigned before a military commission at Guantanamo. As per usual, video and audio of the pre-trial proceedings will be zapped, via closed circuit televisio...

I want to pile on briefly to Jack’s and Ben’s support for prosecuting Ahmed Abu Khattala in federal court for violation of U.S. criminal laws. I have pointed out for many years that civil liberties grou...

I agree with Jack that military detention or trial by military commission are likely not available options for Ahmed Abu Khattala. But I'm hung up on a different point: Why are so many conservatives so m...