I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term.  But there’s one aspect of how Jack frames the discussion that I disagree with somewhat.  … Read more »

David Remes, an attorney for Guantanamo habeas petitioners Uthman and Esmail, has sent in this overview of the ongoing Guantanamo counsel access dispute.

In brief: Remes and others recently objected to the Department of Justice’s proposed “Memorandum of Understanding,” or … Read more »

I am normally pretty good about keeping up with my Lawfare-related email, but sometimes, an important emails slips through the cracks. Andrew Kent of Fordham Law School sent me this comment on my post on the new Al Aulaqi… Read more »

Comparing the role of the Supreme Court in the health care debate and the national security debate, Orin Kerr writes at Volokh Conspiracy:

If the Court does end up striking down the mandate, this will be the second consecutive

… Read more »

 Steve Vladeck is a professor of law (and Associate Dean for Scholarship) at American University Washington College of Law.  Steve is the author of many terrific articles relating to national security and the law, including “The New Habeas Revisionism… Read more »

Jonathan Hafetz, a habeas lawyer and law professor at Seton Hall University School of Law and the author of  Habeas Corpus after 9/11: Confronting America’s New Global Detention System, writes in with the following in connection with Lawfare’s 9/11 … Read more »

If a person can’t be troubled to agree with me, the very least he can do is to write good prose. Man, oh man, can Sabin Willett write good prose! Willett, who represented the Uighurs in their Supreme Court case, … Read more »