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Doe v. Mattis Ends With a Transfer and a Cancelled Passport: Lessons Learned
His name, it turns out, is Abdulrahman Ahmad Alsheikh. -
Document: Criminal Complaint Against Cesar Sayoc
The FBI has taken custody of Cesar Altieri Sayoc in connection with the attempted mailing of 13 pipe bombs to prominent former government officials, including former presidents Barack Obama and Bill Clin... -
Shedding Light on the Anti-Terrorism Clarification Act of 2018
President Donald Trump quietly signed the bipartisan Anti-Terrorism Clarification Act of 2018 (ATCA) into law on Oct. 3. Described as a “carefully balanced approach to better ensure victims’ access to co... -
Government Shifts its Rationale for Holding Al-Afghani at Guantanamo
The United States has held Asadullah Haroon Gul, also known as al-Afghani, at Guantanamo Bay for 11 years. In an Oct. 10 court filing, as part of litigation arising out of al-Afghani’s 2016 petition for ... -
Did the President’s Tweets Lead Prosecutors to Seek the Death Penalty for Sayfullo Saipov?
Much has been written, on Lawfare and elsewhere, about the dangers of presidential interference with the Justice Department and, in particular, the special counsel’s investigation. -
Document: Pretrial Hearings to Resume in Al-Nashiri Case, CMCR Rules
The Court of Military Commission Review (CMCR) has ruled on former Military Judge Col. Vance Spath's decision to hold proceedings in the al-Nashiri military commissions case in abatement, reversing the j... -
Document: Oral Argument Date Set for Guantanamo Detainee al-Baluchi
Ammar al-Baluchi is one of five Guantanamo detainees accused of planning the 9/11 attacks. In March, his counsel filed a motion for a permanent injunction with respect to unlawful trial by a capital mili... -
Documents: Oct. 1 Filings in Qassim Habeas Case
On Oct. 1, the following joint unclassified appendix and appellant brief were filed in the U.S. Court of Appeals for the D.C. Circuit in Qassim v. Trump. Joint Appendix (Unclassified) -
Last Week at the Military Commissions: Proceedings Stymied by Defendant’s Medical Condition
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened on Sept. 24 after a break in proceedings since April. A planned session in June was cancelled after Hadi underwen... -
17 Years After 9/11: On the Declining Visibility of Terrorism and Counterterrorism
For more than a decade after the 9/11 attacks, both the threat of terrorism and the ins-and-outs of U.S. counterterrorism policy dominated American national discourse. But not anymore. Concerns about ter... -
Inching Closer to a Showdown Over the Fate of Captured Islamic State Fighters
More than 600 Islamic State fighters from a variety of countries are being held by the Syrian Democratic Forces (SDF) in Syria, but no one thinks this situation can last. Frantic diplomatic negotiations ... -
Military Commission Judge Bars Government From Using Defendants' Statements to FBI 'Clean Teams' in 9/11 Case
Military commission judge Col. James Pohl ruled Friday that “the Government will not be permitted [to] introduce any FBI Clean Team Statement from any of the Accused for any purpose” during the trial of ...
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