That's the gist of this Rule 28(j) letter, regarding pertinent post-argument authority.  It was filed today with the D.C. Circuit by lawyers for Ali Hamza Ahmad Suliman al Bahlul, whose case could be dec...

As Wells noted a few days ago, the U.S. District Court for the District of Oregon issued an opinion this week in Latif v. Holder, which held unconstitutional certain redress procedures for individuals on...

As we have noted in the past, there is a brewing fight over who controls the naming function for the internet.  I suspect that some who've read these posts have wondered if they were truly germane to nat...

Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what's left reads, in part: Nor would the fact that CIA personnel would be involved in the operat...

President Obama yesterday sent the letter to the Speaker of the House, and to the President Pro Tempore of the Senate.  Its text reads as follows: Dear Mr. Speaker: (Dear Mr. President:) As I reported o...

The other day, I tried to read the tea leaves and figure out where the notion of "imminent threat" comes from in the administration's legal views of targeted killing. I speculated that the source of the ...

Mohamed Osman Mohamud, a Somali-born American citizen, was convicted in January of last year of attempting to detonate a weapon of mass destruction after he tried to set off what he thought was a car bo...

The Supreme Court’s decision requiring a warrant for searches of cell phones incident to arrest affirms that we are entitled to privacy in the digital age.  These expectations, the Chief Justice explains...

In past week, Kenya has conducted air strikes in Somalia against al Shabaab. Israel has undertaken airstrikes in Syria against Syrian military targets in response to a cross-border attack that killed an ...

As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequ...

Professor Jeff Kahn (SMU Law, also visiting at W&L Law) writes in with the following guest post on yesterday's no-fly list decision.  Be sure to check out Jeff's terrific book on the right to travel and ...

You've likely heard the news, made earlier this morning by the opinion in Riley v. California.  

Earlier this morning, we featured a post regarding key developments in the Mohamud criminal case in Oregon.

There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence."  (There's also excellent analysis over at Just Se...

Coincidentally, they come to us from two different federal judges in the District of Oregon. The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due...