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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...
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“We don’t know exactly where we’re at in the world militarily and what we’re doing,” said Sen. Lindsey Graham, one of the Senate’s most knowledgeable military experts, about U.S. global counterterrorism ...
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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...
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The recent bilateral talks between North and South Korea in the town of Pyeongchang seem to have de-escalated tensions on the peninsula. The North has agreed to participate in the upcoming Winter Olympic...
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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?
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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...
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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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On first impression, beating the Islamic State fighters to death with shovels sounds like a clear-cut case of stooping to the enemy’s level of barbarity. And yet that is exactly what the senior enlisted ...
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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...
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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:
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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...
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The constitutional authority over the use of force by the United States has been a subject of ongoing legal and political debates, including on Lawfare. There are disagreements about the proper scope of ...