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The Supreme Court has just granted certiorari in Hawaii’s challenge to the September 2017 iteration of President Trump’s travel ban (EO-3).
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Last week, the military commission in United States v. Khalid Sheikh Mohammed et al.—relating to five individuals suspected of being involved in the 9/11 terrorist attacks—reconvened for pretrial proceed...
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Should a federal judge bar the U.S. military from transferring to another country a dual U.S.-Saudi citizen whom we have been holding as an enemy combatant in Iraq for the past several months?
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Judge Tanya Chutkan of the D.C. federal district court issued an ordered in Doe v. Mattis on Jan. 18. Chutkan ordered the government not to transfer John Doe until Jan. 23, when the order suggests that t...
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When it comes to Russia sanctions, deadlines do not seem to be this White House’s strong suit. Only three months ago, on Oct. 1, the Trump administration blew through one of the first sanctions deadlines...
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Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habea...
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The Senate Judiciary Committee is holding an oversight hearing of the Department of Homeland Security (DHS) today. Kirstjen Nielsen, the newly-confirmed DHS secretary, will be testifying. You can watch t...
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Attorney General Jeff Sessions, in a letter to Acting Homeland Security Secretary Elaine Duke, provided several bases to justify the rescission of Deferred Action for Childhood Arrivals (DACA). Judge Wil...
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Thanks to Professor Greg McNeal at Pepperdine University School of Law, an interesting Justice Department policy document has come to light.
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Judge William Alsup halted the Trump administration’s plan to wind down the Deferred Action for Childhood Arrivals (DACA) policy, because he found that the challengers were “likely to succeed on the meri...
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The Trump Administration's decision to end the Temporary Protected Status (TPS) for El Salvadorans is garnering nothing but condemnation. Typical is report by the Washington Post headlined (on line) "Tr...
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As readers are likely aware, there has finally been meaningful movement in the case of “John Doe,” an unnamed U.S. citizen who has been detained by the U.S. military in Iraq as an “enemy combatant” since...