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Disagreement Between the ICC Pre-Trial Chamber II and the Office of the Prosecutor Regarding the Afghanistan Situation
The ICC Pre-Trial Chamber II’s authorization to resume the investigation into the Afghanistan situation comes amid a disagreement with the Office of the Prosecutor regarding the temporal scope of the inv... -
Deferral and De Facto Authorities: The ICC Prosecutor’s Assessment of Afghanistan’s Deferral Request
The Office of the Prosecutor’s analysis of the merits of Afghanistan’s 2020 request to defer the ICC’s investigation not only underscores its own views of the law applicable to deferral requests but also... -
Oral Argument Preview: Blassingame v. Trump
Before Wednesday’s oral arguments in Blassingame v. Trump debate the scope of presidential immunity, here’s a preview of the case as well as the arguments from each side. -
Winter 2022 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials' (7th ed. 2020)
The Winter 2022 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare. -
Gul v. Biden: Habeas Corpus and the Associated Force Doctrine in Guantanamo Bay Litigation
Judge Mehta’s 2021 decision granting Guantanamo Bay detainee Asadullah Haroon Gul’s writ of habeas corpus defines what the government must show to prove that a member of a former “associated force” shoul... -
The ICC’s Impact in Ukraine
Given the unprecedented levels of attention and resources that the ICC is receiving for its Ukraine investigation, as well as potential indictments in the near future, it’s worth considering how the cour... -
Justice Department Files Premotion Letter Before Dearie
The parties agreed on three main categories of issues that Dearie will have to consider while conducting his review of the documents. -
Justice Thomas Temporarily Blocks Sen. Graham’s Testimony in Fulton County
Justice Clarence Thomas issued an administrative stay of the 11th Circuit Court’s order forcing Sen. Lindsey Graham to testify before the Fulton County Special Grand Jury investigating the alleged attemp... -
Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask
What the heck is the weird institution that’s investigating Donald Trump in Fulton County? -
Rational Security 2.0: The 'Wahoowa' Edition
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Trump Asks Supreme Court to Reverse Eleventh Circuit Ruling Granting Justice Department Access to Classified Documents
On Tuesday afternoon, former President Donald Trump asked the Supreme Court to halt the Eleventh Circuit Court of Appeals’s Sept. 21 ruling granting the Justice Department's access to classified document... -
Social Media Transparency Rules, Zauderer Standard Head to Supreme Court
The Supreme Court is being asked to decide whether social media companies must explain how they moderate content. To get to an answer, the justices will have to clarify the law surrounding compelled comm...