Task Forces and Working Groups
Task Forces and Working Groups
economic policy
energy policy
health care policy
virtues of a free society
Islamism and the international order


August 14, 2011 | Lawfare

Two New York Times Editorial…

…and guess what? This post is not about any gross factual errors in either of them concerning the legality of detention...
March 20, 2011 | Lawfare

Thoughts on Thursday’s HASC Hearing

I have now had the chance to go over a transcript of Thursday’s House Armed Services Committee hearing on detention policy, at which Pentagon General Counsel Jeh Johnson and Deputy Defense Secretary William J. Lynn III both testified...
November 19, 2010 | Washington Post

Ghailani verdict makes stronger case for military detentions

The Obama administration's critics are missing the point on Ahmed Ghailani...
October 8, 2010 | Lawfare

Two Thoughts on Judge Walton’s Al-Bihani Decision

I have now read Judge Reggie Walton’s opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani. In keeping with my usual practice, I will leave it to others to discuss the case’s effect on the “scorecard...
May 14, 2010 | Washington Post

President Obama needs more legal tactics against terrorists

It is a pincer action against the presidency -- a bipartisan, cross-ideological effort to make it as difficult as possible to handle domestic national security emergencies...

March 19, 2010

Obfuscation and Candor: Reforming Detention in a World in Denial

“The greatest trick the Devil ever pulled was convincing the world that he didn’t exist,” says the lowgrade con man to the supposedly-crack Customs agent in the 1995 movie The Usual Suspects, speaking of the great criminal mastermind Keyser Söze.

March 19, 2010 | Washington Post (registration required)

KSM's dispensable trial

The Obama administration and its critics are locked in a standoff over whether to try Khalid Sheikh Mohammed and the other alleged Sept. 11 conspirators in a military commission or in federal court. . . .

March 9, 2010 | New York Times (registration required)

The National Security Dimension

Efforts that are purportedly about transparency of government service and adherence to conflict-of-interest policies are, unfortunately, being used to paint detainee lawyers as disloyal to the country. . . .

March 9, 2010 | New York Times

The Role of Private Lawyers

I signed the letter because I believe one can serve as a lawyer outside of government, and then enter government to do important work on that same topic — even advocating the views of an administration that has come to different conclusions. . . .

March 9, 2010 | New York Times

Demagoguery on Legal Defense

It is deeply wrong to stigmatize those in the Justice Department who have represented Guantánamo detainees in their prior careers. . . .