The Supreme Court orders list just came down, and there appears to have been no cert action on any of the Guantanamo cases on which cert decisions were expected.… Read more »

My personal favorite response to our reader survey came from a “government lawyer” in response to our question of whether we should make Lawfare-branded merchandise available. “You are right to be sensitive,” wrote this person. “It is in bad … Read more »

I haven’t read these yet, but here is the government’s supplemental brief in Hedges, and the transcript of the  hearing in the district court. I’ll have comments on them, if appropriate, once I’ve had a chance to read.… Read more »

Over at the Empty Wheel blog, The Estimable Ms. Wheel critiques my critique of Friedersdorf and Krauthammer on domestic drones from earlier today—and she has a point which warrants a somewhat-mortified clarification from me.

In my post—responding to the … Read more »

In my post this morning on Hedges, I wondered whether government counsel had made the court aware of the Obama administration’s strong position against military detention for citizens and for anyone captured domestically. The answer appears to be that it … Read more »

As Raffaela noted earlier, Atlantic blogger Conor Friedersdorf has written in praise (sort of) of conservative columnist Charles Krauthammer for the latter’s opposition to domestic drones. I would consider this a heartwarming example of a cross-ideological meeting of the … Read more »

I am as perplexed by yesterday’s Hedges decision as either Steve and Bobby—and largely agree with both of their posts on the subject. As they have both beaten me to the punch, I will not reiterate their several points … Read more »

For those who may have missed this, I’m moving it back to the top of the blog. The more responses we get, the more useful it will be.

We’d love to get feedback on the site. We’d also like to … Read more »

I have largely refrained from commenting on the machinations over this year’s NDAA—in part because I’m still a little worn out from last year’s NDAA, and in part because the issue seems to me a bit of tempest in a … Read more »

Ken already wrote up Jen Daskal’s new article, “The Geography of the Battlefield: A Framework for Detention and Targeting Outside of the ‘Hot’ Conflict Zone,” so I won’t summarize it again here. It’s a particularly thoughtful piece and … Read more »

Back in March, I posted a guest post by Haridimos Thravalos on the history of conspiracy prosecutions in military commissions. Thravalos’s post prompted responses from Steve and from Kevin Jon Heller; it showed up immediately in government briefs in … Read more »

Peter Margulies of Roger Williams University School of Law writes in with the following summary of a recent Naval War College and Roger Williams workshop:

John Brennan’s recent speech on targeting away from the battlefield has spawned controversy among distinguished

… Read more »

The case of Nashiri v. MacDonald has been dismissed. You may recall that Abd Al-Rahim Hussein Muhammed Al-Nashiri brought a suit against the military commissions Convening Authority, Bruce MacDonald in U.S. District Court in Washington state, claiming that … Read more »

I have now read the new Seton Hall report to which I linked earlier and I have to say: I am perplexed.

The report’s thesis, in a nutshell, seems to boil down to two propositions: that the D.C. Circuit’s Al Adahi… Read more »

Here they are.… Read more »