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Breaking news late on a Friday afternoon, addressing both cybersecurity and homeland security/border issues. The Ninth Circuit sitting en banc has decided US v.
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Further to my last post on the capture and prosecution of Sulaiman Abu Ghaith, I now want to share a few thoughts on the prosecution side of things.
The indictment has been unsealed, and is now availabl...
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As Ritika notes below, the United States has captured a senior al Qaeda figure (Sulaiman Abu Ghaith, who was the son-in-law of Osama bin Laden), and will be bringing him to the United States for prosecut...
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As you no doubt already know, Kentucky's junior Senator, Rand Paul, on Wednesday filibustered John O. Brennan's nomination to be CIA Director for thirteen hours (with help, in part, from his Senate colle...
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Jack is certainly right that Senator Paul "is painting a misleadingly very unattractive picture of the circumstances in which the United States uses drones abroad in words that will now be played around ...
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Recall that Senator Paul asked John Brennan whether he believed the President “has the authority to order lethal force, such as a drone strike, against a U.S. citizen on U.S. soil, and without a trial?,”...
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In its latest transparency report published this week, Google began sharing very general data about the number of National Security Letters (NSLs) it receives from the FBI or other government agencies se...
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following useful compilation of administration warnings about the effects o...
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Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou...
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Last June, a collection of advocacy and religious organizations, businesses, and individuals in New York City and New Jersey filed a federal lawsuit against the City of New York, alleging the New York Ci...
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The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate up t...
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One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension...
