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Travel Ban 3.0: The Hawaii TRO Is Right on the Statute
EDITOR'S NOTE: This piece was updated Tuesday with a short comment on Judge Theodore Chuang's order. -
The Lawfare Podcast, Bonus Edition: Steve Vladeck on Detaining an American Enemy Combatant
When an American ISIS fighter turned himself in to Syrian Democratic Forces last month, the subsequent detention of the unnamed enemy combatant by U.S. forces sparked concern. To explore the implications... -
Why the Collapse of Al-Nashiri’s Defense Team Matters
Last week, the chief defense counsel for the Military Commission Defense Organization, Brig. Gen. John Baker, excused the civilian members of the trial defense team in the military commission of United S... -
Statement from Military Commissions Chief Prosecutor Brig. Gen. Mark Martins for October 14
Brig. Gen. Mark Martins, the chief prosecutor at the military commissions, released the following statement on Saturday on the occasion of this week's military commission hearings in the trial of those a... -
White House Misses Deadline to Begin Implementing New Russia Sanctions
While the president’s reported plans regarding the JCPOA have rightly garnered a great deal of attention, another sanctions-related deadline came and went with little fanfare. -
A Nonchalant Conclusion to Trump v. IRAP
This is the way Trump v. IRAP ends: not with a bang, but with a whimper. At least for now. -
National Security Exceptionalism and the Travel Ban Litigation
The focus of the travel ban litigation has shifted back to the federal district courts after Monday’s decision to dismiss Trump v. Hawaii as moot. -
Why the Plight of the John Doe Enemy Combatant Should Alarm You
For months, Ben and I have teasingly harkened back to the halcyon days when we used to disagree more often—when the relatively modest real estate between our respective views on U.S. national security la... -
Why I’m Not Panicked About That American Citizen Being Held in Military Custody
The detention by U.S. forces of a still-unnamed ISIS fighter who turned himself over to a U.S.-allied militia in Syria a few weeks ago has sparked cries of alarm that hark back to the early days of the p... -
What Happens If Trump Really Decides to Decertify the Iran Deal?
The Washington Post reported yesterday that next week, President Trump may announce that he will “decertify” the Iran nuclear deal because it is not in the interest of the United States to continue imple... -
A Modest Proposal for the New Travel Ban: Swear It Under Oath
The Trump administration recently unveiled a new version of the travel ban, and questions immediately arose concerning whether pending challenges to the previous order have become moot. -
Department of Defense Directive 2310.01E: A Snapshot of the Pentagon's Policy on Detention
The Department of Defense has regulations for everything, and detention is no exception. The key policy document for detention operations is Department of Defense Directive Number 2310.01E ("DODD 2310.0...
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