Latest in Criminal Justice & Rule of Law
Published by The Lawfare Institute in Cooperation With 
-
Bleg: Liberty Reserve and "Cloud Based Servers"
As many of you might have read, the Department of Justice announced a large scale money-laundering indictment against Liberty Reserve yesterday. I will have some analysis of this development (and the re... -
Biometric Exit – It’s Groundhog Day All Over Again
Those who are fans of the classic Bill Murray movie Groundhog Day will be forgiven if they see echoes of that story line in the immigration reform bill. For much as Murray is seemingly doomed to repeat ... -
Eight Thoughts on the Broad Reading of Article II Inherent in Bobby’s Conjecture
Bobby’s post from Friday argued that “the current shadow war approach to counterterrorism doesn’t really require an armed-conflict predicate–or an AUMF, for that matter.” Bobby’s point is that most if n... -
The Intersection of Vague Disclosure and Reduced Drone Strikes
The major challenge to legitimating the shadow war against terrorists is that the Executive branch is hand-tied by its own secrecy rules, and cannot disclose what it is doing to permit Congress and the A... -
Two Small Pieces of News from the Sunday Shows on Leaks
Former Director of National Intelligence Dennis Blair ABC, speaking about how leaks from the top of the Obama administration set the tone for leaks further down that are subject of DOJ investigations: Ma... -
Does the Armed-Conflict Model Matter in Practice Anymore?
This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a... -
Summary: D.C. Circuit Affirms Habeas Denial in Al Warafi
As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl... -
The President's Speech: Lawmakers React to Obama's Renewed Transfer Efforts
Among the policies President Obama announced in his speech: a renewed commitment to transfer detainees to third countries, where possible. To that end, he said he would appoint a new GTMO-focused envoy a... -
District Court Denies Preliminary Injunction in Abdullah
In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court. He argued that the United States had to treat him in accordance with an executive agreement concluded ... -
D.C. Circuit Affirms Habeas Denial in Al Warafi
Judge David Sentelle wrote today's majority opinion in this long-running habeas case, in which Mukhtar Yahia Naji Al Warafi had claimed (among other things) that even if he was a Taliban member, he serve... -
The President's Speech: The Good, the Bad, and the Ugly
The President's speech was a dog's breakfast: some good parts, some bad parts, and some ugly parts. The Good. The most significant part of the speech was the President's description of clearer standar... -
The President's Speech: A Quick and Dirty Reaction--Part 2 (Guantanamo)
President Obama made two important announcements about aspects of Guantanamo and its detainees in his speech today. These are worth flagging before I pivot and harp on the big problem with the President'...
Topics
