American Civil Liberties Union Foundation v. Mattis is a would-be habeas corpus petition brought by the ACLU Foundation on behalf of an unnamed American citizen whom the U.S. government has been holding ...

On Monday, the Justice Department unveiled an indictment of three Chinese nationals employed by Chinese cybersecurity firm Boyusec (博御信息), charging them with hacking into the computer systems of Moody’s ...

Following the events of Nov. 13 summarized in the last post in this series, the military commission in United States v. al-Nashiri reconvened on Tuesday, Nov.

When last we left Lawfare readers, the prosecution in the United States v. al-Nashiri military commission had begun “preadmission” of evidence despite the ongoing refusal of defense counsel to participate.

On Nov. 20, the Treasury Department’s Office of Foreign Assets Control, which enforces sanctions, identified and designated individuals and entities connected to an operation by the Quds force, the speci...

The Supreme Court held oral argument this morning in Carpenter v. United States. Here's my take from the courthouse steps afterwards:

I sometimes hear an argument in Fourth Amendment circles that the Fourth Amendment guarantees a “right to be secure.” The argument comes in different forms from different scholars, but I would summarize ...

This is the first in a series of posts on the Classified Information Procedures Act (CIPA). CIPA is a critical law for national security prosecutions: It establishes a number of key procedures that facil...

Guantanamo Bay detainee Moath Hamza Ahmed al-Alwi’s protracted legal battle has filled the pages of Lawfare for quite some time—see here, here, here, and here—and for good reason: Al-Alwi’s case presents...

The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies to government collection of historical cell-site records. I wrote an amicus...