A few years ago, shortly after stepping down as Assistant Attorney General for National Security, I published a long article called Law Enforcement as a Counterterrorism Tool. As its title suggests, the ...

A couple of weeks ago, The Hill reported on the latest legal endeavour of our little Freedom of Information Act (FOIA) project: a new lawsuit we’ve filed with help from our friends at Georgetown Law’s In...

In recent years, there has been a resurgence of academic interest in the concept of both departmentalism and its obverse, judicial supremacy.

On Sept. 24, 2017, President Trump signed a proclamation, better known as “travel ban 3.0,” which would have denied entry to aliens from six predominantly-Muslim nations.

After months of procedural wrangling, the merits at last have been joined in Doe v. Mattis (a habeas corpus petition brought by the American Civil Liberties Union on behalf of a U.S. citizen held in U.S....

The military commission in United States v. Al-Nashiri reconvened in open session this past week before being abruptly abated on Feb. 16, as previously reported on Lawfare.

In a remarkable turn in United States v. al-Nashiri, military judge Col. Vance Spath suspended proceedings on Friday, Feb.

Acting against the backdrop of the Supreme Court’s grant of certiorari in Hawaii’s challenge to the third iteration of President Trump’s travel ban (EO-3), the Fourth Circuit on Thursday by a vote of 9-4...

Acting against the backdrop of the Supreme Court’s grant of certiorari in Hawaii’s challenge to the third iteration of President Trump’s travel ban (EO-3), the Fourth Circuit on Thursday by a vote of 9-4...

Proceedings in the military commission of alleged al Qaeda commander Abd al-Hadi al-Iraqi continued Feb. 5–6 and then again more than a week later on Feb. 13 at Guantanamo Naval Base, with military judge...