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Today's Headlines and Commentary
On Tuesday, the U.S. Court of Appeals for the D.C. Circuit vacated all orders in the military commission trial of Abd al-Rahim al-Nashiri since 2015, on the basis that the primary judge in the case, Col.... -
A Risk Analysis of Huawei 5G
Telecommunications networks are special—they are designed to enable wiretapping. Mandates such as the Communications Assistance for Law Enforcement Act (CALEA) in the U.S. and similar requirements elsewh... -
Equitable Tolling and the Prosecution of a President
Attorney General William Barr’s recent four-page letter to Congress, quoting from Special Counsel Robert Mueller’s final report, stated that Mueller’s “investigation did not establish that members of the... -
Trump’s Planned Counter-Report Is Fair Game for Congressional Testimony
The coming week may bring not just one but three reports on the Mueller investigation. Of principal interest, of course, is the original document by Robert Mueller. Then there is the redacted version of ... -
Document: Al-Alwi Reply in Further Support of Cert Petition
Defense counsel on behalf of Guantanamo detainee Moath Hamza Ahmed Al-Alwi have filed a reply in further support of their petition for a writ of certiorari with the Supreme Court in Al-Alwi v. Trump. The... -
Document: Asylum Seekers With Credible Fear Ineligible for Release on Bond, Barr Rules
Attorney General Bill Barr ruled on April 17 that asylum seekers who present at the border and establish a "credible fear of prosecution or torture" are ineligible for release on bond once they are trans... -
Mueller Report Redactions: Will Congress Ever See All of the Mueller Grand Jury Material?
The wait is almost over. The Mueller report is set for release on Thursday morning. It’s already a number-one bestseller on Amazon. Congressional staffers are stockpiling booze and drafting take-out orde... -
Suggestions for Streamlining the FBI’s Prepublication Review Process
Scholars of the U.S. intelligence community have engaged in a robust discussion of the community’s prepublication review, or prepub, process. Many of these discussions have been critical in tone, and cer... -
It’s Time to Admit That the Military Commissions Have Failed
I’ve written elsewhere about the U.S. Court of Appeals for the D.C. -
Summary: D.C. Circuit Vacates Military Judge’s Rulings in Al-Nashiri
On April 16, the Court of Appeals for the D.C. Circuit granted Guantanamo detainee and alleged USS Cole bomber Abd al-Rahim Hussein Muhammed al-Nashiri’s petition for a writ of mandamus and vacated all o... -
Document: D.C. Circuit Vacates Orders of Nashiri Judge
The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday issued its opinion in In Re: Abd al-Rahim Muhammed al-Nashiri. The court held that Col. Vance Spath, the judge in the al-Nashiri ... -
National Security Law Podcast: Y'all Got Designated
Live episode! We recorded this morning before a live audience at the University of Texas School of Law reunion weekend. It was a packed house of terrific alumni, and happily the week’s news conspired (...
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