Latest in Criminal Justice & Rule of Law
Published by The Lawfare Institute in Cooperation With 
-
Documents: Criminal Information and Plea Agreement in NSA Employee Willful Retention Case
Former NSA Tailored Access Operations (TAO) developer Nghia Hoang Pho pleaded guilty on Friday to willful retention of national defense information. Pho faces a maximum of ten years in prison for removin... -
ACLU v. Mattis and Constructive Suspension of the Writ of Habeas Corpus
American Civil Liberties Union Foundation v. Mattis is a would-be habeas corpus petition brought by the ACLU Foundation on behalf of an unnamed American citizen whom the U.S. government has been holding ... -
Documents: Government Response to Court Order in ACLU v. Mattis and Response Briefs
On Nov. 30, the Justice Department responded to D.C. District Court Judge Tanya Chutkan's order in ACLU v. Mattis for the government to say whether the unnamed American citizen detainee being held as an ... -
The Chinese Hacking Indictments and the Frail “Norm” Against Commercial Espionage
On Monday, the Justice Department unveiled an indictment of three Chinese nationals employed by Chinese cybersecurity firm Boyusec (博御信息), charging them with hacking into the computer systems of Moody’s ... -
The Carpenter Argument: Quick Video Reactions on Twitter and on Facebook Live
The Supreme Court held oral argument this morning in Carpenter v. United States. Here's my take from the courthouse steps afterwards: -
Updates from the Military Commissions, 11/14-11/16: Wrapping Up the Physical Evidence Witnesses in al-Nashiri
Following the events of Nov. 13 summarized in the last post in this series, the military commission in United States v. al-Nashiri reconvened on Tuesday, Nov. -
Updates from the Military Commissions, 11/13: Finally, a Cross-Examination!
When last we left Lawfare readers, the prosecution in the United States v. al-Nashiri military commission had begun “preadmission” of evidence despite the ongoing refusal of defense counsel to participate. -
Is Iran Trying to Inflate Yemen’s Currency as a Tool of Warfare?
On Nov. 20, the Treasury Department’s Office of Foreign Assets Control, which enforces sanctions, identified and designated individuals and entities connected to an operation by the Quds force, the speci... -
The Fourth Amendment Doesn't Recognize a General ‘Right to be Secure’
I sometimes hear an argument in Fourth Amendment circles that the Fourth Amendment guarantees a “right to be secure.” The argument comes in different forms from different scholars, but I would summarize ... -
Document: Convening Authority Upholds Contempt Finding Against Brig. Gen. Baker
The Office of Military Commissions Convening Authority (CA) upheld U.S. Air Force Colonel Judge Vance Spath's contempt finding against Brigadier General John Baker. However, the CA has exempted him from ... -
The Classified Information Procedures Act: What It Means and How It’s Applied
This is the first in a series of posts on the Classified Information Procedures Act (CIPA). CIPA is a critical law for national security prosecutions: It establishes a number of key procedures that facil... -
Al-Alwi v. Trump: The Government Responds, Initial Hearing En Banc is Requested and Denied, and Amici Chime In
Guantanamo Bay detainee Moath Hamza Ahmed al-Alwi’s protracted legal battle has filled the pages of Lawfare for quite some time—see here, here, here, and here—and for good reason: Al-Alwi’s case presents...
Topics
