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Judge Tanya Chutkan of the D.C. federal district court issued an ordered in Doe v. Mattis on Jan. 18. Chutkan ordered the government not to transfer John Doe until Jan. 23, when the order suggests that t...
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Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habea...
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On first impression, beating the Islamic State fighters to death with shovels sounds like a clear-cut case of stooping to the enemy’s level of barbarity. And yet that is exactly what the senior enlisted ...
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As readers are likely aware, there has finally been meaningful movement in the case of “John Doe,” an unnamed U.S. citizen who has been detained by the U.S. military in Iraq as an “enemy combatant” since...
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The U.S. government has filed its response in John Doe and ACLU v. Mattis in response to the habeas filing we posted last week. You can read the full document here:
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The American Civil Liberties Union Foundation filed a brief in D.C. federal district court saying the U.S. citizen that the Defense Department is holding in military detention wants the ACLU to represent...
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The constitutional authority over the use of force by the United States has been a subject of ongoing legal and political debates, including on Lawfare. There are disagreements about the proper scope of ...
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Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued the following Memorandum Opinion in ACLU v. Mattis that, among other things, denies the Defense Department's motion to d...
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On Dec. 11, the New York City Bar Association hosted a session on “The Global War on Terrorism: Do We Need a New AUMF?” William Castle, deputy general counsel of the Department of Defense, explained why ...
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Last week, the Supreme Court of Israel issued a decision concerning one of the most sensitive areas of counterterrorism policy and practice. The decision considered so-called “pressure techniques” the Is...
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Last week, the military commission in United States v. Khalid Sheikh Mohammed et al., which relates to the 9/11 terrorist attacks, convened for the first time in several weeks for hearings and testimony ...
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The Senate Foreign Relations Committee is holding a hearing Wednesday morning at 9:30 a.m. on "Using Force: Strategic, Political, and Legal Considerations." The committee will hear testimony from the fol...
