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...

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...

On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo.

So report the New York Times and the Washington Post.  

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...

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...

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...

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...

In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court.  He argued that the United States had to treat him in accordance with an executive agreement concluded ...

Judge David Sentelle wrote today's majority opinion in this long-running habeas case, in which Mukhtar Yahia Naji Al Warafi had claimed (among other things) that even if he was a Taliban member, he serve...