As Lawfare readers know, ever since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, lower courts have split over how to apply the majority’s cryptic holding that the Alien Tort Stat...

In recent weeks, ISIL sympathizers have wound their way through the court system across the country from Arizona to Florida.

With the end of the Obama administration and the beginning of the Trump administration, activity has picked up in Guantanamo litigation regarding the SSCI "torture report." Several weeks ago, I flagged t...

The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ...

As Benjamin Wittes and I noted a few weeks ago, these past few weeks have produced some interesting litigation activity regarding the Senate Intelligence Committee’s interrogation report. In the last day...

Given Donald Trump’s continuing fondness for Twitter over the course of his rise to power, it was perhaps inevitable that sooner or later, we would start seeing his tweets showing up in litigations. Turn...

During the month of December, the Justice Department kept busy with the usual counterterrorism suspects—ISIL supporters (mostly young men) in Virginia, Ohio, and North Carolina were arrested, sentenced, ...

Last week, Ben posted an order by Judge Royce Lamberth of the D.C. District Court granting a request by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interroga...

The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under se...

Speaking of Guantanamo habeas litigation, which one of us was yesterday, there's been an interesting development in the Al-Nashiri habeas case. This particular habeas case out of Guantanamo has been a sl...

Don't look now but we're about to see at least one new Guantanamo habeas merits hearing—tomorrow, in fact.

This week, federal district courts in Ohio and Illinois sentenced two men on material support charges. Meanwhile, another FBI counterterrorism suspect was arrested in Brooklyn, New York, and Dylann Roof,...