Jonathan Hafetz

Guest Author

Jonathan Hafetz (@JonathanHafetz) is a Professor of Law at Seton Hall University School of Law.  He is the author of Habeas Corpus after 9/11: Confronting America’s New Global Detention System (NYU Press 2011), and co-editor of The Guantanamo Lawyers: Inside a Prison Outside the Law (NYU Press 2009).
 He was previously a senior attorney at the ACLU and a litigation director at NYU’s Brennan Center for Justice. He is also on LinkedIn.

Articles by this author:

Trump’s Challenge to Democracy Through the Lens of Transitional Justice


Apr 18th, 2024

The Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants


Nov 15th, 2022

The Biden Administration’s Moment of Truth on Torture Evidence

by , , , , , , and

Dec 1st, 2021

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause


Sep 1st, 2021

Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison

by , and

Apr 21st, 2021

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo


Mar 3rd, 2021

Through the Looking Glass, Darkly: The Supreme Court’s Muslim Travel Ban Decision


Jan 28th, 2021

Why Courts Appear Willing to Reject Trump’s Travel Ban Order


Feb 6th, 2017

The Troubling Application of the Political Question Doctrine to Congressional Force Authorizations


Jan 6th, 2017

The DC Circuit’s Latest Ruling in Al-Nashiri: Why the Military Commissions Cannot Escape the Taint of CIA Torture


Sep 9th, 2016

Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill


Jul 26th, 2016

A Small, If Uncertain, Step Towards Accountability: De Sousa and the Abu Omar Abduction

by and

May 5th, 2016

The Latest European Court of Human Rights Ruling on Accountability for Torture


Mar 9th, 2016

Torture and Transparency in the Military Commissions


Feb 24th, 2016

The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases

by and

Dec 8th, 2015

Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction


Nov 25th, 2015

The Obama Administration’s Misguided Opposition to Tariq Ba Odah’s Request for Judicial Relief


Oct 13th, 2015

Delay and Detention at Obama’s Guantánamo: The Missing PRBs


Jun 19th, 2015

Lessons From the North: Omar Khadr’s Release on Bail in Canada


May 14th, 2015

Al-Marri’s End and the Failed Experiment of Domestic Military Detention


Jan 16th, 2015

Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes


Nov 4th, 2014

Abu Khattalah and the Evolution of Ship-Based Detention


Jun 28th, 2014

Serdar Mohammed: A View onto U.S. Detentions


May 15th, 2014

Crime, Sentencing and the War on Terror: Further Thoughts on the Al Darbi Plea


Mar 12th, 2014

Bulk Data Collection and the Mosaic Theory: A More Balanced Approach to Information


Jan 17th, 2014

The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees


Dec 11th, 2013