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Last Week at the Military Commissions: Medical Accommodations and Conspiracy Liability in al-Iraqi
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened from Jan. 7-14, after a break in proceedings beginning in November 2018. The bulk of the session focused on Hadi’... -
Document: KSM Petitions the D.C. Circuit for Mandamus
On Tuesday, 9/11 plotter Khalid Sheikh Mohammed petitioned the D.C. Circuit for a writ of mandamus, asking that his trial by military commission be halted until the Court of Military Commissions Review a... -
9/11 Military Commission Judge Rejects Unlawful Influence Claim
On Friday, the judge United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 military commission), Col. Keith Parrella, rejected a defense motion to dismiss the case on the grounds of unlawful inf... -
Remembering the Ludlow Amendment
Few people today have ever heard of the Ludlow Amendment—a radical proposal that would have required a popular referendum before Congress could declare war and which lost a critical House vote on this da... -
Sixteen-Year-Old American Islamic State Fighter Reportedly Captured in Syria
On Jan. 9, the People’s Defense Units (YPG) announced the capture of eight individuals, ostensibly foreign fighters for the Islamic State, in a series of operations conducted by the group near the town o... -
The Senate Acts on Yemen
Yesterday, on Dec. 13, the Senate made history. By a vote of 56-41, it adopted S.J. Res. 54, a bipartisan joint resolution that directs U.S. forces to withdraw from “hostilities” in Yemen not related to ... -
Bill Barr on War Powers: Insights From his 2001 Oral History Interview
In the spring of 2001, Bill Barr, the former attorney general under George H.W. Bush who has now been tapped to resume that role under Donald Trump, sat for an oral history interview sponsored by the Uni... -
Document: Guantanamo Detainee Files Cert Petition
On Dec. 5, counsel for Guantanamo detainee Moath Hamza Ahmed al-Alwi filed a petition for a writ of certiorari with the United States Supreme Court. Al-Alwi is a Yemeni citizen who was captured in Pakist... -
Tabish v. Attorney General and the Legal Framework Governing Physical Coercion in ISA Interrogations
Recent legal developments have again brought the interrogation practices of the Israeli Security Agency (ISA) to the fore. As new details emerged about the first-ever criminal investigation against ISA i... -
Taking Stock of the Yemen Resolution
On Wednesday, Nov. 28, Congress took what may be its most important step to date towards openly opposing U.S. involvement in the Yemen war. By a vote of 63 to 37, the Senate elected to discharge a joint ... -
Last Week at the Military Commissions: Long Days for the 9/11 Case
Over the week of Nov. 12, the military commission in United States v. Khalid Sheikh Mohammed picked up pretrial proceedings from its September sitting. The newly presiding military judge, Col. -
Explainable AI and the Legality of Autonomous Weapon Systems
This month, the Defense Advanced Research Projects Agency (DARPA) will assess the first phase of its Explainable AI program—a multi-year, multi-million dollar effort to enable artificial intelligence (AI...
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