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Trump Repeats His Lies About Terrorism, Immigration and Justice Department Data
The Departments of Justice and Homeland Security issued a report Tuesday that inspired a presidential tweet: “New report from DOJ & DHS shows that nearly 3 in 4 individuals convicted of terrorism-related... -
A Primer on the Merits Issues in ACLU v. Mattis (the U.S. Citizen Enemy Combatant Case)
As readers are likely aware, there has finally been meaningful movement in the case of “John Doe,” an unnamed U.S. citizen who has been detained by the U.S. military in Iraq as an “enemy combatant” since... -
Document: Doe v. Mattis Memorandum in Opposition to Motion
The U.S. government has filed its response in John Doe and ACLU v. Mattis in response to the habeas filing we posted last week. You can read the full document here: -
Virtual Caliphate Rebooted: The Islamic State’s Evolving Online Strategy
Editor’s Note: The Islamic State’s territorial expansion and burgeoning online presence seemed to rise together. As the group lost territory, however, its online presence evolved. Jade Parker and Charlie... -
Document: U.S. Citizen Detained as Enemy Combatant Requests ACLU Representation in Habeas Proceeding
The American Civil Liberties Union Foundation filed a brief in D.C. federal district court saying the U.S. citizen that the Defense Department is holding in military detention wants the ACLU to represent... -
The Year in Review: Counterterrorism
U.S. national security suffered in 2017. Russia is running amok, allies are losing faith in American security and prosperity commitments, and the liberal order is in crisis. Surrounding these clouds, how... -
Document: District Court Memorandum Opinion in ACLU v. Mattis
Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued the following Memorandum Opinion in ACLU v. Mattis that, among other things, denies the Defense Department's motion to d... -
Last Week in the Military Commissions, 12/4-12/8: Was There an Armed Conflict Pre-9/11?
Last week, the military commission in United States v. Khalid Sheikh Mohammed et al., which relates to the 9/11 terrorist attacks, convened for the first time in several weeks for hearings and testimony ... -
The Taste of Crow: Okay, I’m Alarmed Now
More than two months ago, I wrote a piece counseling against panic in the case of the John Doe U.S. citizen detainee being held by the military in Iraq. Steve Vladeck responded that I was being complacen... -
ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld
On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. Mattis on the question whether the ACLU should be permitted to represent a United States citizen who i... -
Updates from the Military Commissions, 11/17: Attorney-Client Confidentiality and the Duty to Withdraw
On Nov. 17, 2017, the military commission in United States v. al-Nashiri reconvened for the purpose of receiving testimony from Professor Ellen Yaroshefsky, an ethics advisor to defendant’s learned couns... -
Choosing Between Federal Prosecution and Deportation
The legal and political debate over immigration detainers usually concerns the demands that the federal government makes of local law enforcement.
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