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Last Week at the Military Commissions: A New Judge Hits the Ground Running
With a new judge presiding, the military commission in United States v. Khalid Sheikh Mohammad, et al. (the 9/11 military commission) reconvened June 17-21. See here for previous coverage on Lawfare. -
Court Denies Motion to Dismiss in Travel Ban Case
On July 10, Judge Victoria A. Roberts of the U.S. District Court for the Eastern District of Michigan denied the government’s motion to dismiss the plaintiffs’ third amended complaint in Arab American Ci... -
What the British Government Really Thinks
A gaffe is when a politician recklessly tells the truth, Michael Kinsley once said. Sir Kim Darroch is not a politician. He is a diplomat. And the truth he spoke was not a gaffe. It was a leak. But it f... -
Ninth Circuit Declines to Stay Preliminary Injunction of Border Wall
The U.S. Court of Appeals for the Ninth Circuit declined to stay of a lower court's preliminary injunction of President Trump's reallocation of funds for the construction of a border wall. The decision i... -
Federal Court Orders Bond Hearings for Imprisoned Asylum Seekers
The U.S. District Court for the Western District of Washington ordered the government to provide bond hearings to asylum seekers who were apprehended crossing the border irregularly and whose asylum clai... -
Transnational Organized Crime and National Security: Hezbollah, Hackers and Corruption
American law enforcement efforts have become increasingly multifaceted as the government attempts to combat the continuing ingenuity and sophistication of transnational organized criminal groups. Since t... -
Asylum Officers: Remain in Mexico ‘Virtually Guarantees’ Unlawful Removal of Asylum Seekers
The Migrant Protection Protocols (MPP) program has faced a great deal of criticism since the Trump administration unveiled the policy, colloquially known as Remain in Mexico, in January 2019. Now, the po... -
Foreign Actors in U.S. Courts: Beginning an Important Conversation
The question of Russian interference in the American political system is not going away. Even as the various investigations of Russian “meddling” in the 2016 election wind down, concerns about the securi... -
European Court of Justice Rules on Deporting Refugees Convicted of Crimes
The European Court of Justice (ECJ) recently ruled that European Union (EU) member nations no longer have the right to deport a refugee for committing a serious crime, as long as the refugee can prove th... -
Due Process for Guantanamo Detainees: The D.C. Circuit Rules in Qassim
On June 21, the U.S. Court of Appeals for the D.C. Circuit returned to the question of the constitutional rights possessed by the detainees remaining at the U.S. naval base at Guantanamo Bay, Cuba. In pa... -
D.C. Circuit Overrules District Court's Due Process Ruling in Qasim v. Trump
On Friday, the D.C. Circuit ruled in Qasim v. Trump that circuit precedent in Kiyemba v. Obama does not preclude Guantanamo detainees from claiming procedural due process violations. The ruling reverses ... -
The Budapest Convention Offers an Opportunity for Modernizing Crimes in Cyberspace
This article, originally presented to the Cross-Border Data Forum, expands upon arguments first set forth by the authors in “Flat Light: Data Protection for the Disoriented, From Policy to Practice,” The...
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