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Did the President’s Tweets Lead Prosecutors to Seek the Death Penalty for Sayfullo Saipov?
Much has been written, on Lawfare and elsewhere, about the dangers of presidential interference with the Justice Department and, in particular, the special counsel’s investigation. -
Document: Pretrial Hearings to Resume in Al-Nashiri Case, CMCR Rules
The Court of Military Commission Review (CMCR) has ruled on former Military Judge Col. Vance Spath's decision to hold proceedings in the al-Nashiri military commissions case in abatement, reversing the j... -
Document: Oral Argument Date Set for Guantanamo Detainee al-Baluchi
Ammar al-Baluchi is one of five Guantanamo detainees accused of planning the 9/11 attacks. In March, his counsel filed a motion for a permanent injunction with respect to unlawful trial by a capital mili... -
Documents: Oct. 1 Filings in Qassim Habeas Case
On Oct. 1, the following joint unclassified appendix and appellant brief were filed in the U.S. Court of Appeals for the D.C. Circuit in Qassim v. Trump. Joint Appendix (Unclassified) -
Last Week at the Military Commissions: Proceedings Stymied by Defendant’s Medical Condition
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened on Sept. 24 after a break in proceedings since April. A planned session in June was cancelled after Hadi underwen... -
17 Years After 9/11: On the Declining Visibility of Terrorism and Counterterrorism
For more than a decade after the 9/11 attacks, both the threat of terrorism and the ins-and-outs of U.S. counterterrorism policy dominated American national discourse. But not anymore. Concerns about ter... -
Inching Closer to a Showdown Over the Fate of Captured Islamic State Fighters
More than 600 Islamic State fighters from a variety of countries are being held by the Syrian Democratic Forces (SDF) in Syria, but no one thinks this situation can last. Frantic diplomatic negotiations ... -
Military Commission Judge Bars Government From Using Defendants' Statements to FBI 'Clean Teams' in 9/11 Case
Military commission judge Col. James Pohl ruled Friday that “the Government will not be permitted [to] introduce any FBI Clean Team Statement from any of the Accused for any purpose” during the trial of ... -
Document: Judge Tatel Issues Extended Concurrence in D.C. Circuit’s Denial of En Banc Habeas Hearing
On Tuesday, the U.S. Court of Appeals for the D.C. Circuit denied a motion for an initial en banc hearing in Qassim v. Trump. Judge David Tatel issued an extended concurrence, questioning the Circuit Cou... -
Doe v. Mattis and the Right of Citizens to Return to the United States
A joint status report is expected Monday in Doe v. Mattis, in which the United States and the ACLU are locked in legal battle over the fate of an unnamed U.S.-Saudi dual citizen whom the U.S. alleges to ... -
What to (Realistically) Expect When You’re Expecting Nazis
The Nazis are coming to Washington this weekend. Counter-protesters are organizing. Antifa is showing up. -
The National Security Law Podcast: Party Like It’s June 28, 2004!
It had to happen sooner or later: an actual slow week for national security law! Ugh! Well, time to make lemonade from the lemons. A slow week in NSL news means that we can take a run at a format that...
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