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In invalidating the latest iteration of the travel ban, known as the Proclamation, the Ninth Circuit Court of Appeals reached an important question of first impression: whether the policy could be suppor...
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Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued the following Memorandum Opinion in ACLU v. Mattis that, among other things, denies the Defense Department's motion to d...
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I confess that I don't know the answer to this question.
But the grapevine has been buzzing this morning in response to a Christmas letter the CIA director apparently sent to his workforce—a message wh...
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There has been a lot of buzz the past couple of days about claims by Kory Langhofer, counsel for Trump for America, that Robert Mueller's investigators wrongfully obtained copies of the presidential tran...
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Last week, the military commission in United States v. Khalid Sheikh Mohammed et al., which relates to the 9/11 terrorist attacks, convened for the first time in several weeks for hearings and testimony ...
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The substance and tone of the Dec. 8 Fourth Circuit en banc argument in International Refugee Assistance Project (IRAP) v. Trump differed substantially from the Dec. 6 Ninth Circuit argument in Hawaii’s ...
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On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. Mattis on the question whether the ACLU should be permitted to represent a United States citizen who i...
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On Nov. 17, 2017, the military commission in United States v. al-Nashiri reconvened for the purpose of receiving testimony from Professor Ellen Yaroshefsky, an ethics advisor to defendant’s learned couns...
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The legal and political debate over immigration detainers usually concerns the demands that the federal government makes of local law enforcement.
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More than two months ago, I wrote a piece counseling against panic in the case of the John Doe U.S. citizen detainee being held by the military in Iraq. Steve Vladeck responded that I was being complacen...
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Lawfare readers are by now no-doubt familiar with my unflinching criticisms of the opinions that have enjoined President Donald Trump’s travel bans. The statutory claims are unreviewable, and even if the...
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On Dec. 6, the Ninth Circuit heard oral argument in Hawaii v. Trump, in which the plaintiffs are challenging President Trump’s Proclamation (EO-3). The argument centered on the same statutory issues the ...
