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National Security and Defense

Military Detention

Punting National Security to the Judiciary

In a stunning display of political cowardice, the Obama administration has decided not to seek specific congressional authorization for a prolonged detention statute for Guantanamo Bay detainees deemed too dangerous to set free. Read More.

4 Reasons Holder Failed to Convince Me on Terror Trials

Eric Holder's stumbling performance before Congress on Wednesday exposed the administration's scattershot approach to detention and prosecution of terrorists. Read More.

Elena Kagan: Justice Stevens Redux?

As the Senate considers President Obama’s appointment of Solicitor General Elena Kagan to the Supreme Court, it should reflect on the Court’s increasing role in shaping national security. Read More.

Treating Terror as a Legal Issue is the Problem

In the wake of the failed car bomb attack on Times Square, Attorney General Eric Holder has proposed that Congress expand the public safety exception to Miranda. Read More.

Gitmo Inmates' Constitutional 'Rights'

In a sweeping decision that will have myriad consequences -- foreseen and unforeseen --the Supreme Court found that the right of habeas corpus under the U.S. Constitution applies to... Read More.

Under the international law of armed conflict, or law of war, and as recognized by our Supreme Court and by statute, the United States has the authority to detain enemies who have engaged in combatant actions, including acts of belligerence, until the end of hostilities.


Experts on Military Detention