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Counsel for Abd al-Rahim al-Nashiri in the Guantanamo detainee's habeas case have filed a petition for a writ of certiorari with the Supreme Court appealing the decision made by the U.S. Court of Appeals...
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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...
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As Benjamin Wittes and I have noted, the last few weeks of the Obama administration and the first months of the Trump administration generated some activity surrounding the Senate Intelligence Committee’...
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On February 21st, twenty-five year old Robert Lorenzo Hester, Jr. was charged in federal district court in the Western District of Missouri with attempting to provide material support to ISIL. Hester is ...
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It looks like the DOJ is going to invoke the state secrets privilege after all in the latest CIA torture suit brought by former detainees, marking the first time that the Trump administration will use th...
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As Lawfare readers know, ever since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, lower courts have split over how to apply the majority’s cryptic holding that the Alien Tort Stat...
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In recent weeks, ISIL sympathizers have wound their way through the court system across the country from Arizona to Florida.
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With the end of the Obama administration and the beginning of the Trump administration, activity has picked up in Guantanamo litigation regarding the SSCI "torture report." Several weeks ago, I flagged t...
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The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ...
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As Benjamin Wittes and I noted a few weeks ago, these past few weeks have produced some interesting litigation activity regarding the Senate Intelligence Committee’s interrogation report. In the last day...
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Given Donald Trump’s continuing fondness for Twitter over the course of his rise to power, it was perhaps inevitable that sooner or later, we would start seeing his tweets showing up in litigations. Turn...
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During the month of December, the Justice Department kept busy with the usual counterterrorism suspects—ISIL supporters (mostly young men) in Virginia, Ohio, and North Carolina were arrested, sentenced, ...
