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    Article 75 and Its Implications on Military Commissions

    In addition to the always outstanding analysis provided by Bobby Chesney and John Bellinger on the Obama administration’s new executive order on GTMO detention review, and the accompanying “Fact Sheet“, there is another fascinating feature that merits discussion. Here’s the question: by recognizing Article 75 of Additional Protocol I of … More

    Lessons from Al Qaeda's Europe Plot

    Yesterday, U.S. and European intelligence officials revealed that they have detected an al-Qaeda plot to carry out a major, coordinated series of commando-style terror attacks in Britain, France, Germany, and possibly the U.S. Specifically, a suspected German terrorist allegedly captured on his way to Europe in late summer and now … More

    Gitmo Through NGO Eyes

    GUANTANAMO BAY, CUBA – I was privileged to be one of six representatives of non-governmental organizations (NGOs) invited by the Office of Military Commissions to observe the guilty plea of Ibrahim al Qosi here in Guantanamo Bay, Cuba, yesterday. The other invitees were the ACLU, Human Rights First, Human Rights … More

    Guest Blogger: Congressman Jeff Miller (R-FL) On Investigating the John Adams Project

    During this past Wednesday’s mark-up of the Fiscal Year 2011 National Defense Authorization Act my fellow conservatives on the House Armed Services Committee stood strongly on the side of the American people, vociferously fighting for security, liberty, and freedom through our Defend America First platform.  One of the issues debated … More

    Court: Terrorists Held Overseas Not Due Habeas

    The D.C. Circuit Court of Appeals just issued a blockbuster opinion that vindicates both the Bush and Obama administration’s positions regarding whether detainees captured overseas and held in Afghanistan have the constitutional right to challenge their detention via habeas corpus. The appeals court, in a methodical opinion reversing a lower … More

    On Director of National Intelligence's Resignation

    It is being widely reported that the Director of National Intelligence has resigned. Much of the speculation over the resignation revolves around his role in directing counterterrorism operations. Regardless, of this speculation the conduct of global counterterrorism operations by the Obama administration is a legitimate concern. Thirty-one terrorist plots have … More

    The Battlefield or the Courtroom: Where Should We Fight the War on Terrorism to Win?

    CHICAGO – This morning, the Chicago Committee for Heritage hosted a panel discussion titled “Lawyers, Terrorists, and the Common Defense: Has the Obama Administration Signaled Surrender to America’s Enemies?” The discussion featured Heritage policy expert Secretary Cully Stimson and Senator Jim Talent, and focused on the Obama Administration’s approach to … More

    Why Military Tribunals Are Consistent with the Geneva Conventions

    At last week’s Senate Judiciary Committee hearing, after Attorney General Eric Holder again refused to rule out a civilian trial for Khalid Shaikh Mohammed, Sen. Chuck Schumer (D-NY) shot back: “We know the administration is not going to hold the trial in New York. They should just say it already.” … More

    New York Times Endorses Military Detention and Military Commissions, Sort Of

    In today’s editorial titled “The K.S.M. Files,” the New York Times laments the good ‘ole days of 2009, when, in their words, “the United States was making progress toward cleaning up the mess President George W. Bush made with his detention policies. The Pentagon was working on closing the prison … More

    Founding Fathers Never Intended Courts to Make National Security Decisions

    Yesterday  Attorney General Eric Holder announced that the Obama Justice Department would appeal a U.S. District Court Judge James Robertson’s order to release 9/11 terrorist operative Mohamedou Ould Slahi. This is a good decision by Holder. Our nation would be less safe if Slahi was released from U.S. custody. But … More