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In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that the Alien Tort Statute (ATS) is presumed not to apply to conduct on the territory of another country unless the plaintiff’s claims “touch a...
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Orin Kerr, professor at George Washington University Law School, filed an amicus brief today in support of the respondent in Carpenter vs. U.S. The brief, which may be of interest to Lawfare readers, is ...
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Yesterday, the government filed a response brief in Carpenter v. United States, arguing that the Sixth Circuit Court of Appeals decision holding that the government's acquisition of cell phone records di...
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Yesterday, Ali Hamza Al Bahlul filed his reply brief on cert in Bahlul v. U.S., which challenges the retroactive designation of conspiracy as a war crime in military commissions. Here's the brief:
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On September 7, U.S. District Judge Christopher R. Cooper of the District of Columbia issued an opinion in the case of United States v. Abu Khatallah, granting in part and denying in part the Government’...
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The Justice Department filed a brief on Wednesday opposing the cert petition in Bahlul v. United States. Counsel for Ali Hamza Suliman al Bahlul filed the cert petition in March to seek review of an Octo...
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Last Thursday at the Aspen Security Forum—an annual gathering of current and former government policymakers, foreign officials, foreign policy experts, and journalists hosted by the Aspen Institute—Assis...
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The New York Times reports that the Justice Department has brought Al Qaeda suspect Ali Charaf Damache to Philadelphia to face prosecution in federal court, where a grand jury indicted him in 2011. The f...
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The Supreme Court issued an order today regarding President Trump’s revised Refugee Executive Order (EO) that provided comfort to both the Administration and Hawaii, which has challenged the EO. The Cour...
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As Quinta Jurecic reported Friday, in Jaber v. United States, the U.S. Court of Appeals for the D.C.
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Implementing a remedial decree always presents challenges. The Supreme Court’s partial stay of lower court injunctions of President Trump’s revised Refugee Executive Order (EO) is an acute example of thi...
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In IRAP v. Trump, the Supreme Court carved out an exception to the travel ban for “foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.” T...