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The proverbial gavel sounds; the military judge, resplendent as ever in his robes, returns; Al-Nashiri’s case resumes. He is in the courtroom, seated at the far left of counsel table.
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Your correspondents return to Fort Meade in order to observe---via almost live, closed circuit television---four days of pretrial proceedings in United States v. Al-Nashiri. The hearing in the capital m...
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So we learn from these charging documents, and from the Department of Defense's press release.
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Pardon the interruption from all-things-surveillance, but pursuant to our back and forth with Bobby, Jack, Matt, and Ben on the merits of a new AUMF, Representative Adam Schiff, a senior member of the Ho...
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The House Armed Services Committee was hard at work marking up the National Defense Authorization Act for the upcoming fiscal year. We have a transcript of the debate over Democratic Congressman Adam Smi...
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President Obama and his team pledged in 2009 to work hard with Congress to close GTMO. There appeared to be little White House follow-up for the next four years, however. And indeed, the administration...
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On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo.
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So report the New York Times and the Washington Post.
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Robin Simcox, research fellow at the Henry Jackson Society in London---who wrote this guest post for Lawfare last year about control orders in the UK---writes in after last week’s horrific terrorist atta...
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Bobby’s post from Friday argued that “the current shadow war approach to counterterrorism doesn’t really require an armed-conflict predicate–or an AUMF, for that matter.” Bobby’s point is that most if n...
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This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a...
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As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl...