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This Week at the Military Commissions, 3/14 Session: More Testimony on the Cole Bombing
It’s Tuesday morning, and we’re back at Guantanamo for more pre-trial hearings in the al-Nashiri case. The defendant, the alleged mastermind behind the October 2000 bombing of the USS Cole, is not presen... -
There was Never a National Security Need for the Travel Ban
Today, there is much pondering about the strength or weakness of the courts’ latest rulings on Trump's revised immigration Executive Order and prognosticating about what may happen on appeal or when the ... -
This Week at the Military Commissions, 3/13 Session: “It Was Devastating”
Editor's Note: This post has been updated with a paragraph concluding the day's coverage, as the transcript for the last session of the court's March 13th hearings was originally not available on the Off... -
From Arms and Influence to Data and Manipulation: What Can Thomas Schelling Tell Us About Cyber Coercion?
On July 22, 2016 hackers suspected of links to the Kremlin passed thousands of emails stolen from the Democratic National Committee (DNC) to Wikileaks. According to the U.S. Intelligence Community, the h... -
Today's Headlines and Commentary
Two federal judges have issued orders blocking enforcement of President Trump’s executive order banning travel to the United States to citizens of six majority-Muslim countries. The Washington Post repor... -
The Revised Refugee EO in the Courts II: The Flawed Maryland District Court Decision
Today’s Maryland district court decision halting the revised refugee Executive Order (EO) exhibits the same marked lack of deference that undermined Wednesday’s Hawaii decision (see my post here). Judge ... -
Doe v. Nestle ATS Case Dismissed (Again)
The long-running Alien Tort Statute suit against Nestle, Archer Daniels Midland, and Cargill for allegedly aiding and abetting child slave labor in the Cote d’Ivoire—Doe v Nestle—has once again been dism... -
Sanctuary 101, Part IV: Does § 1373 Unconstitutionally Commandeer the States?
[This is the last in a four-part series geared toward clarifying the legal and policy confusion still engulfing Trump’s sanctuary cities executive order. -
The Department of Justice Makes the Next Move in the U.S.-Russia Espionage Drama
Yesterday, the U.S. Department of Justice (DoJ) released an indictment against four Russians in one of the most significant hacking-related law enforcement actions to date. According to the indictment, t... -
The Revised Refugee Executive Order in the Courts: Detour or Speed-Bump?
Wednesday was an active day in the courts for President Trump’s Refugee Executive Order (EO). A U.S. district court in Hawaii issued a Temporary Restraining Order (TRO) blocking the revised EO issued les... -
The FBI and I Agree
Last year when I testified in the House Judiciary Committee on the -
EU Counterterrorism Sanctions and IHL: A v. Minister van Buitenlandse Zaken
Can the acts of armed forces in the framework of an armed conflict governed by International Humanitarian Law constitute terrorist acts? According to a new judgment of the Grand Chamber of the Court of J...
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