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The war with the Islamic State has been underway in Syria and Iraq for many years, and during this time large numbers of Islamic State members have been captured by Iraqi, Kurdish, and allied Syrian forc...
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On February 9, the U.S. Court of Appeals for the Second Circuit handed down a decision in Linde v. Arab Bank. The appellate court vacated and remanded the district court's ruling that Arab Bank could be ...
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On Jan. 31, the Ninth Circuit Court of Appeals unanimously affirmed the lower court’s dismissal of Fields v. Twitter. The decision protects the social media company from liability in connection with an a...
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This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22.
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On Tuesday, I wrote about the constitutional* question raised the government’s interest in transferring John Doe—a dual Saudi-U.S. citizen in U.S. military custody in Iraq—to another state. The American ...
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Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued a ruling in Doe v. Mattis on January 23, declining to further enjoin the government from transferring Doe out of U.S. cu...
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The Trump administration is trying to turn counterterrorism into an immigration issue.
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In a prior post, I surveyed the affirmative reasons why a judge might prohibit a transfer of John Doe to Saudi or Iraqi custody. I discussed several possible arguments Doe might make, such as fear of tor...
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Earlier this week, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) issued a joint report, Executive Order 13780: Protecting the Nation From Foreign Terrorist Entry Into the ...
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Last week, the military commission in United States v. Khalid Sheikh Mohammed et al.—relating to five individuals suspected of being involved in the 9/11 terrorist attacks—reconvened for pretrial proceed...
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Should a federal judge bar the U.S. military from transferring to another country a dual U.S.-Saudi citizen whom we have been holding as an enemy combatant in Iraq for the past several months?
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Judge Tanya Chutkan of the D.C. federal district court issued an ordered in Doe v. Mattis on Jan. 18. Chutkan ordered the government not to transfer John Doe until Jan. 23, when the order suggests that t...