This week, the federal district courts in both the Southern District of New York and the Northern District of Texas confronted ISIS’s ability to recruit Americans to travel overseas to join and fight for...

Anyone following the Guantánamo military commissions would do well to read Bob Loeb and Helen Klein's trenchant take on last Friday's D.C. Circuit decision in In re Khadr, in which the Court of Appeals d...

President Obama established U.S. policy towards the Islamic State of Iraq and the Levant (ISIL) in a September 2014 speech. In his address, Obama committed to not having members of the U.S. armed forces ...

Here it is. Judge Brett Kavanaugh's opinion for himself, Judge Thomas Griffith, and Senior Judge A. Raymond Randolph opens as follows: Omar Ahmed Khadr was a member of al Qaeda. On July 27, 2002, at th...

It’s Tuesday morning at Guantanamo, and the military judge calls the military commission session to order. No, this is not the 9/11 case. It’s not even the Al Nashiri case. And no, the military judge isn...

Military Commissions Chief Prosecutor Mark Martins issued the following statement yesterday prior to this week's military commission pre-trial hearings in the case of Abd al Hadi al Iraqi. Keep an eye on...

Last week, U.S. Army Captain Nathan Michael Smith sued the U.S. Government in federal court, seeking a declaration that Obama’s war against ISIS is illegal. Jack Goldsmith and Marty Lederman have put for...

A few months ago, Zoe Bedell and I wrote a series of posts about Twitter and potential liability

As I explained in a New York Times op-ed today, Captain Nathan Smith has gone to court for a declaratory judgment on the legality of President Obama’s undeclared war against the Islamic State. While I en...

Charlie Savage reports that Captain Nathan Michael Smith, an army intelligence officer deployed in Kuwait, has brought a lawsuit challenging President Obama’s interpretive extension of the 2001 AUMF in r...

The U.S. military Central Command (Centcom) report on the attack on the Medecins Sans Frontieres (MSF) hospital at Kunduz, Afghanistan demonstrates how a perfect storm of mistakes and mishaps can lead to...