laws of war

It wasn’t until late Friday afternoon that the Obama Justice Department, after years of wrangling over the fate of Mohammed Jawad, the Afghan boy arrested for allegedly lobbing a hand grenade at U.S. soldiers in 2002, admitted that it does not have enough evidence to continue to hold him indefinitely without trial under the laws [...]

It’s been one year since then-Attorney General Michael Mukasey proposed that Congress pass legislation declaring a new, expanded war with al-Qaeda and the Taliban — thereby granting the president the authority to detain indefinitely members of those groups anywhere in the world.

Here’s another point I should have made in my piece earlier today: Just because President Obama’s Justice Department has been asserting a remarkably broad, Bush-like view of his detention authority pursuant to the laws of war in the Guantanamo detainees’ habeas corpus cases, that doesn’t mean the president has to stick with that definition in [...]

Since my piece on the intensifying battle over “preventive detention” was published, Ken Gude from the Center for American Progress wrote to point out an important distinction that deserves more emphasis.
As I note in my story, Gude and Kate Martin, Director of the Center for National Security Studies, have both written in support of the [...]

A letter to the White House asks the president not to expand a controversial Bush-era policy.

At the Senate Judiciary Committee hearing this morning titled “The Legal, Moral, and National Security Consequences of ‘Prolonged Detention,’” it was actually Richard Klingler, a former lawyer in the Office of White House Counsel under President George W. Bush and former general counsel on the National Security Council staff, who presented the dilemma most starkly [...]

As Spencer Ackerman reported yesterday, it appears the Taliban have been talking to the Afghan government, with the help of Saudi Arabia.
Reports last week noted that Afghan President Hamid Karzai had asked the Saudi king for help in reaching out to the Taliban, in the hope of brokering a peace deal that could possibly [...]