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U.S. Court of Appeals for the Second Circuit Vacates and Remands District Court Ruling in Linde v. Arab Bank
On February 9, the U.S. Court of Appeals for the Second Circuit handed down a decision in Linde v. Arab Bank. The appellate court vacated and remanded the district court's ruling that Arab Bank could be ... -
Summary: Ninth Circuit Dismisses Civil Suit Against Twitter for ISIS Attack
On Jan. 31, the Ninth Circuit Court of Appeals unanimously affirmed the lower court’s dismissal of Fields v. Twitter. The decision protects the social media company from liability in connection with an a... -
Last Week at the Military Commissions: More Debate on Defense Team Resignations and Evidence Pre-Admission in al-Nashiri
This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22. -
Judge Chutkan’s Detainee-Transfer Ruling and the Dual-Citizenship Complication
On Tuesday, I wrote about the constitutional* question raised the government’s interest in transferring John Doe—a dual Saudi-U.S. citizen in U.S. military custody in Iraq—to another state. The American ... -
Document: Judge Chutkan Declines to Block Government from Transferring Detainee in Doe v. Mattis
Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued a ruling in Doe v. Mattis on January 23, declining to further enjoin the government from transferring Doe out of U.S. cu... -
Turning a Citizen Military Detainee Over to Another Country: The Valentine/Munaf Issue in Doe v. Mattis
In a prior post, I surveyed the affirmative reasons why a judge might prohibit a transfer of John Doe to Saudi or Iraqi custody. I discussed several possible arguments Doe might make, such as fear of tor... -
Counting Terrorists: The Urgent Need for Comprehensive Data
The Trump administration is trying to turn counterterrorism into an immigration issue. -
Beware the Slippery Slope in the DOJ-DHS Report on Foreign-Born Terrorists
Earlier this week, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) issued a joint report, Executive Order 13780: Protecting the Nation From Foreign Terrorist Entry Into the ... -
Last Week at the Military Commissions: Administrative Matters and Defense Claims of Unjustified Interference
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... -
Should Judge Chutkan Bar Transfer of the U.S. Citizen Enemy Combatant in Iraq?
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? -
Document: Judge Orders Government Not to Transfer Detainee in Doe v. Mattis
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... -
When Does GTMO Detention Authority Expire? A Close Look at a New Habeas Case.
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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