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Closing Guantanamo Would Still Leave Some Toughest Decisions for the Next President
At last week’s Senate Judiciary subcommittee hearing, advocates of closing Guantanamo, such as chairman Dick Durbin and Human Rights First president Elisa Massimino, talked about how to close Guantanamo:... -
Sur-Reply to Heller on al Bahlul
Kevin’s most recent posts (here and here) continue to demonstrate his seriousness and salutary concern for defendants’ rights; the same is true for Steve. However, Kevin and Steve's posts don’t undermin... -
Three Questions for Peter Margulies on the New <em>Bahlul</em> Amicus Brief
There's a lot to say about Peter Margulies' reply to my and Kevin Heller's criticisms of the "former government officials'" amicus brief in al Bahlul--the military commission appeal currently pending bef... -
Mixed Feelings on the NSA . . .
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The Return of the Detainees to Algeria
The White House announcement on Friday that the Defense Department plans to transfer two Algerian detainees held at Guantanamo to Algeria represents the most recent action in a long series of efforts by ... -
A Response to Steve Vladeck and Kevin Jon Heller
In recent posts both on Lawfare and at Opinio Juris, Steve and Kevin Jon Heller (here and here) sharply critiqued the brief that Jim Schoettler and I filed on Thursday for Former -
DoD Certifies Two GTMO Detainees for Repatriation to Algeria
So says this White House press release: Statement by the Press Secretary on Guantanamo Bay As the President has said, the United States remains determined to close the detention facility at Guantanamo B... -
DOD’s Weak Rationale for Keeping Enemy Identities Secret
Cora Currier at Pro Publica has an important story on why DOD won’t publish the list of AUMF “associated forces” against whom we are at war. DOD’s rationale: A Pentagon spokesman told ProPublica that re... -
The Two Fundamental Flaws in the New <em>Bahlul</em> Amicus Brief
Raff already flagged yesterday's filing of an amicus brief in support of the government in the Al Bahlul military commission appeal before the en banc D.C. Circuit by "former government officials, former... -
The Long, Classified War
A recent cluster of stories – on al Qaeda’s growth, dispersion, and resilience, on the USG’s increased use of surveillance drones outside of “hot war zones,” on the USG possibly -
Razak Ali v. Obama: A Case of Mistaken Identity, or "Guilty By Guesthouse"?
On March 8, 2011, Saeed Bakhouch, an Algerian GTMO detainee also known as Razak Ali, noted an appeal of the District Court’s January 2011 denial of his petition for a writ of habeas corpus. Oral argumen... -
Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad
Today, the Brookings Institution released a lengthy paper my colleague Daniel Byman and I have been working on for some time, entitled "Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Ab...
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