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In August, two convicted terrorists were released from prison unexpectedly early. The two originally received enhanced sentences under a statute that established mandatory minimum sentence extensions for...
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The United States has held Asadullah Haroon Gul, also known as al-Afghani, at Guantanamo Bay for 11 years. In an Oct. 10 court filing, as part of litigation arising out of al-Afghani’s 2016 petition for ...
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Last June in a 5-4 ruling in Carpenter v. United States, the Supreme Court extended Fourth Amendment protections to an individual’s cell phone location data for the first time.
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Mandatory immigration detention is an exception to the rule that confinement requires an individualized showing of flight risk or dangerousness. In 2016, the U.S. Court of Appeals for the Ninth Circuit n...
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On Oct. 1, the following joint unclassified appendix and appellant brief were filed in the U.S. Court of Appeals for the D.C. Circuit in Qassim v. Trump.
Joint Appendix (Unclassified)
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President Donald Trump’s Sept. 25 speech to the U.N. General Assembly surprised few with its condemnation and dismissal of international institutions—from the World Trade Organization, to the U.N. Human ...
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I argued Tuesday that, while John Bolton’s speech on the International Criminal Court (ICC) was designed to be maximally offensive to the court and its supporters, the actual policy steps he suggested to...
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In his first major speech since becoming national security adviser, John Bolton yesterday returned to one of his most enduring themes: the dangers of the International Criminal Court and, more broadly, r...
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In his speech to the Federalist Society on Monday, national security adviser John Bolton fired a broadside at the International Criminal Court, which he called “ineffective,” “unaccountable,” “deeply fla...
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National Security Adviser John Bolton delivered the following remarks to the Federalist Society on Monday. The remarks below are as prepared for delivery.
“Protecting American Constitutionalism and Sov...
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During the fourth day of hearings on Judge Brett Kavanaugh's nomination to the Supreme Court, two experts testified on matters that may be of interest to Lawfare readers. Rebecca Ingber, associate profes...
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This week, we explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.” It’s an all-time classic regarding the separation o...