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...

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...

As Quinta Jurecic reported Friday, in Jaber v. United States, the U.S. Court of Appeals for the D.C.

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...

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...

On Saturday, I sketched out six possible outcomes of the Supreme Court’s review of the travel ban cases. The Justices chose door number seven. In an unsigned, per curiam opinion, the Court granted certio...

Many are debating the significance of today’s Per Curiam Supreme Court opinion that granted the government’s petitions for certiorari and its stay applications in part. Did the Court signal that it woul...

Yesterday, the Supreme Court decided Ziglar v. Abbasi, an important case curbing lawsuits against former government officials for purported abuse of federal detainees. Some will view this decision as an ...

Earlier this week, the Supreme Court denied Mohammed Jawad’s petition for certiorari.

As Lawfare readers know, the question of corporate liability under the Alien Tort Statute is once again before the Supreme Court. But other ATS issues are still dividing lower courts.

In mid-November, International Criminal Court prosecutor Fatou Bensouda announced that her office would make a decision “in the very near future” on whether to launch a full investigation in Afghanistan....

In late 2002, Afghan officials arrested Mohammed Jawad and transferred him to American officials. During his six-year stay at Guantanamo, Jawad alleges that he was tortured. Upon being released from fede...