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When the D.C. Circuit hears oral argument in Doe v.
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The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened in public session on April 17 after a break in proceedings since February.
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This morning, I attended oral arguments in Trump v. Hawaii. The only surprise (and a pleasant one at that) was that Lin-Manuel Miranda—the creator of the Broadway smash hit Hamilton—was kind enough to si...
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Last year, in the wake of President Trump’s controversial decision to fire FBI director James Comey, several media organizations—including Lawfare—took a special interest in the “climate survey” that the...
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When James Comey became the FBI director, he set out to build what he terms in his new book the “government’s premier leadership factory.” The leaders he hoped to train successfully would be distinguishe...
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The United States is party to a number of international intelligence sharing arrangements—one of the most prominent being the so-called “Five Eyes” alliance. Born from spying arrangements forged during W...
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On April 19, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued an opinion in Doe v. Mattis on the government's proposed transfer of John Doe. The court unsealed the opin...
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With the Supreme Court scheduled to hear oral argument on April 25 in Trump v. Hawaii, now is a good time to consider the government’s reliance on the president’s Article II power as a legal justificatio...
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Since this article's publishing, the U.S. District Court for the District of Columbia has released Judge Chutkan's ruling. Read it on Lawfare.
Can the U.S. government transfer a dual U.S.-Saudi citizen,...
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Section 230 of the Communications Decency Act is critical to Facebook’s existence. Under Section 230, the platform is immune from liability that might otherwise be incurred from its users’ posts.
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Judge Tanya Chutkan of the U.S. District Court for the District of Columbia has issued a preliminary injunction enjoining the transfer of John Doe, an American citizen held in U.S. military custody in Ir...