Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I initially understood—and, … Read more »
In its story last week about the ties between the CIA and Raymond Davis, the American recently arrested in Pakistan, the New York Times offered this explanation for why it sat on the story:
The New York Times had agreed to
Daphne Eviatar and I have an interesting exchange underway, one that I think nicely illustrates some of the key points of legal disagreement that underly the detention debate (such as whether the ICCPR applies abroad, or whether the laws of … Read more »
The following information isn’t national-security-related, but still may be of interest to many readers:
Brookings will host an event Monday, “Breaking the Judicial Nominations and Confirmations Logjam.” For those interested in this topic, the event will consist of two … Read more »
Michael Hastings – the journalist who brought down General Stanley McChrystal – has a new piece in Rolling Stone alleging that General William Caldwell, who is in charge of training Afghan security forces, “illegally ordered a team of soldiers specializing … Read more »
On Saturday, March 5 at 1:00 pm, I will be speaking about Detention and Denial at Politics and Prose in Washington D.C. The event announcement is available here. Readings at Politics and Prose have a special resonance for me. … Read more »
The Economist has run a thoughtful and interesting column on my idea that President Obama should embrace Guantanamo. The column contains a few factual errors. It attributes this argument to my book, Detention and Denial, whereas it in … Read more »
The other day, in response to this column by Marc Thiessen suggesting that Obama should bring more high-value detainees to Guantanamo, I wondered whether Thiessen really understood the gravity of what he was suggesting. Lawfare readers will be relieved to … Read more »
A little while back I posted comments from Raha Wala (Human Rights First) concerning military commissions. Those comments have spurred the following response from John Dehn (West Point), which appears below:
I read Raha Wala’s comments about military commissions last week with a bit
* United States v. Aldawsari (N.D. Tex. Feb. 24, 2011)
Authorities have arrested a Saudi national near Lubbock, Texas, charging him with plotting to carry about bombings with IEDs. The complaint underlying the arrest is here.
This could be an important case … Read more »
Yesterday I drew attention to a piece by Daphne Eviatar (Human Rights First) concerning the DRB process for screening detainees in Afghanistan, emphasizing the following passage:
Under international law, a detainee in the Afghan armed conflict has the right to
In a short piece published at Politico on Monday, Daphne Eviatar (Human Rights First) made a rather bold claim concerning the Detention Review Board process in Afghanistan:
Under international law, a detainee in the Afghan armed conflict has the right to challenge the
In a very interesting essay in the new National Interest, Eric Posner contends that the supposed threat of “lawfare” is much over-hyped. His concluding paragraph captures the broad outline of his argument:
Putting aside the constraints of politics and technology, all
Habeas lawyer David Remes writes with the following comments in response to my post yesterday objecting to the Scalise Amendment:
You’re right that Congress shouldn’t bar Ambassador Dan Fried and his staff from resettling or repatriating Guantanamo detainees. I do,
Thanks to Steven Aftergood of Secrecy News for linking to these new CRS reports:
