Latest in Courts & Litigation
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Oral Argument Preview: Blassingame v. Trump
Before Wednesday’s oral arguments in Blassingame v. Trump debate the scope of presidential immunity, here’s a preview of the case as well as the arguments from each side. -
Winter 2022 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials' (7th ed. 2020)
The Winter 2022 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare. -
Gul v. Biden: Habeas Corpus and the Associated Force Doctrine in Guantanamo Bay Litigation
Judge Mehta’s 2021 decision granting Guantanamo Bay detainee Asadullah Haroon Gul’s writ of habeas corpus defines what the government must show to prove that a member of a former “associated force” shoul... -
The ICC’s Impact in Ukraine
Given the unprecedented levels of attention and resources that the ICC is receiving for its Ukraine investigation, as well as potential indictments in the near future, it’s worth considering how the cour... -
Justice Department Files Premotion Letter Before Dearie
The parties agreed on three main categories of issues that Dearie will have to consider while conducting his review of the documents. -
Justice Thomas Temporarily Blocks Sen. Graham’s Testimony in Fulton County
Justice Clarence Thomas issued an administrative stay of the 11th Circuit Court’s order forcing Sen. Lindsey Graham to testify before the Fulton County Special Grand Jury investigating the alleged attemp... -
Trump Asks Supreme Court to Reverse Eleventh Circuit Ruling Granting Justice Department Access to Classified Documents
On Tuesday afternoon, former President Donald Trump asked the Supreme Court to halt the Eleventh Circuit Court of Appeals’s Sept. 21 ruling granting the Justice Department's access to classified document... -
Social Media Transparency Rules, Zauderer Standard Head to Supreme Court
The Supreme Court is being asked to decide whether social media companies must explain how they moderate content. To get to an answer, the justices will have to clarify the law surrounding compelled comm... -
Finally, a Better U.S. War Crimes Bill. Now What?
The Justice for Victims of War Crimes Act would finally give the U.S. the ability to prosecute suspected war criminals found inside U.S. borders, regardless of nationality, and now Congress needs to clos... -
The Lawfare Podcast: A Jan. 6 Criminal Update with Roger Parloff
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U.S. Responds to Guantanamo Detainee’s Request for Habeas Relief
The Justice Department asserted that hostilities between the U.S. and al-Qaeda are ongoing to justify the time it is taking to facilitate Khan’s resettlement, months after he completed his sentence. -
In U.S. v. Al-Nashiri the Government Is Rewarding Torture and Incentivizing Torturers
In 2014, the State Department said that “the test for any nation committed to [the Convention against Torture] and to the rule of law is not whether it ever makes mistakes, but whether and how it correct...
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