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Can ISIL Supporters Be Prosecuted for Providing Material Support to AQI?
DOJ sent out a notice earlier today involving yet another ISIL-related material support case, this one involving a California man who had hoped to get to Syria in order to join ISIL (United States v. Dun... -
Another Arrest of a U.S. Citizen Allegedly Inspired by ISIL to Plot an Attack
Matt Apuzzo and Michael Schmidt had a piece in the New York Times yesterday discussing the Justice Department's shift towards aggressive and early intervention in cases involving suspected ISIL followers... -
Motions to Dismiss Denied in Hamidullin Terrorism Case
Judge Henry Hudson issued his order in this Lindh-esque terrorism prosecution on Monday. -
Why I Don't "Trust" the Military Commissions (And You Shouldn't Either...)
In a characteristically thoughtful post, my friend (and, in his words, "long-time sparring partner") Charlie Dunlap takes me to task for some of my comments in last week's Lawfare podcast with regard to ... -
The D.C. Circuit's Thoroughly Convincing Decision in <em>al-Nashiri</em>
This morning, a three-judge D.C. -
D.C. District Judge Sides with CIA in Drone FOIA Case
A D.C. District judge ruled yesterday that the CIA can keep nearly all information related to its drone activities and the legal basis for them secret, reports Josh Gerstein of Politico. U.S. -
The Functional Case Against Military Commission Trials of "Domestic" Offenses
As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two diff... -
Military Courts and Article III Functionalism: <br> What <em>Al Bahlul</em> Should Have Said
At their simplest, both Judge Henderson's 85-page dissent from the D.C. Circuit's decision in al Bahlul v. -
Guantanamo Detainee Files Supplemental Memorandum on the End of the War in Afghanistan
On June 5, 2015, in connection with recent motions practice, attorneys for habeas petitioner Mukhtar Yahia Naji al Warafi filed a supplemental memorandum with the U.S. District Court for the District of ... -
A New Round of GTMO Transfers?
From Defense One: -
Al-Warafi's "End of War" Reply Brief
The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo.... -
My Speech at ODNI Legal Conference: "Toward Greater Transparency of National Security Legal Work"
I was honored to be invited to give a keynote speech at an Intelligence Community legal conference last Wednesday, May 6. The speech was entitled Toward Greater Transparency of National Security Legal W...
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