Latest in Criminal Justice & Rule of Law
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The Four Problems With Judge Henderson’s Dissent in Doe v. Mattis
There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured... -
Document: Judge Hogan Denies Habeas in Qassim v. Trump
On Tuesday, Judge Thomas Hogan of the U.S. District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. Russell Spivak summarized the joint status report... -
Revisiting the Prosecution Option in Doe v. Mattis: Is the Real Aim Here to Secure a Citizenship Waiver?
Prosecuting John Doe seemed unviable at first. Things may be different now. -
Barring Transfer of John Doe Temporarily: An Overview of the Majority Ruling in Doe v. Mattis
What to make of the court's split decision. -
Document: D.C. Circuit Opinion on Transfer Injunction in Doe v. Mattis
The U.S. Court of Appeals for the D.C. Circuit has released its opinion affirming the lower court's injunction on the U.S. military's planned transfer of John Doe, a U.S. citizen held in military custody... -
Is the State Department Giving Money to President Trump? Let’s Find Out
A few months ago, I began working with Scott Anderson and Sabrina McCubbin on an interesting project: trying to discern whether the State Department was, quite literally, paying President Trump money. To... -
The D.C. Circuit Affirms in Doe v. Mattis: No Transfer of a U.S. Citizen Detainee to Saudi Custody
On Monday, we learned that a divided panel of the U.S. Court of Appeals for the D.C. Circuit has sided with the ACLU on the question whether the U.S. government can involuntarily transfer John Doe, a dua... -
Document: D.C. Circuit Judgment on Transfer Injunction in Doe v. Mattis
The U.S. Court of Appeals for the D.C. Circuit affirmed Judge Tanya Chutkan's April 19 preliminary enjoining the transfer of John Doe in Doe v. Mattis. Judge Sri Srinivisan’s opinion for the court and Ju... -
Don’t Subpoena Testimony from the President
Discussions between the president’s legal team and special counsel’s legal team about whether the president will sit down to answer questions have apparently gotten serious—serious enough that Special Co... -
Presidential Norms and the Special Counsel Investigation: Disclosures to Congress
Yesterday morning, President Donald Trump tweeted: A Rigged System - They don’t want to turn over Documents to Congress. What are they afraid of? Why so much redacting? Why such unequal “justice?” At ... -
Can the Presidency Trump a Special Counsel Subpoena?
The special counsel would probably prevail in court—but it is not a sure thing. -
The Game Theory of a Trump Subpoena
The special counsel wants to interview the president. How will it play out?
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