One of the most eagerly awaited aspects of the Privacy and Civil Liberties Oversight Board ("PCLOB") report on section 702 surveillance was how the PCLOB would treat human rights issues.  In January, 201...

Get it? Actually, I don't think they did either. It's a cute coincidence. But at any rate, the PCLOB has announced that it will be releasing its report on FISA 702 collection this evening at 9:00 pm: The...

Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of cours...

As Wells noted a few days ago, the U.S. District Court for the District of Oregon issued an opinion this week in Latif v. Holder, which held unconstitutional certain redress procedures for individuals on...

Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what's left reads, in part: Nor would the fact that CIA personnel would be involved in the operat...

Mohamed Osman Mohamud, a Somali-born American citizen, was convicted in January of last year of attempting to detonate a weapon of mass destruction after he tried to set off what he thought was a car bo...

The Supreme Court’s decision requiring a warrant for searches of cell phones incident to arrest affirms that we are entitled to privacy in the digital age.  These expectations, the Chief Justice explains...

Professor Jeff Kahn (SMU Law, also visiting at W&L Law) writes in with the following guest post on yesterday's no-fly list decision.  Be sure to check out Jeff's terrific book on the right to travel and ...

Earlier this morning, we featured a post regarding key developments in the Mohamud criminal case in Oregon.

There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence."  (There's also excellent analysis over at Just Se...

Coincidentally, they come to us from two different federal judges in the District of Oregon. The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due...