Civil Liberties

Highlights:

Guantanamo Dispatch: All Four Defendants’ Confessions Are Now Suppressed in the 9/11 Case

A military judge on Wednesday threw out the last disputed confession in the case against the suspected 9/11 plotters at Guantanamo Bay.

The Just Security Podcast: How State and Local Governments Can Fight Back Against Authoritarianism

Erwin Chemerinsky and Aziz Huq discuss the powers that state and local governments can use to serve as a check against authoritarianism and federal overreach.
A view of the U.S. Department of Justice Building on August 17, 2026 in Washington, DC.

Working Backwards: Inside the Trump Justice Department’s Conclusion-First Approach to Civil Rights

The Civil Rights Division regularly announces investigations or even conclusions with little to no evidence of fact-finding at all.
An American flag flies behind barbed wire fencing at the Office of Military Commissions building on June 27, 2023 at Guantanamo Bay, Cuba.

Guantanamo Dispatch: Military Ends USS Cole Hearing Early for Health Emergency

Pretrial hearings in the USS Cole bombing case ended abruptly on Wednesday after the case's death-penalty defense lawyer had a health emergency.

Guantanamo Dispatch: Innocent or Guilty, Accused USS Cole Bomber May Never Go Free

Even if the jury were to acquit him, the U.S. military could still continue to hold the suspect in the USS Cole bombing case indefinitely.
A blue wooden plaque bearing the map outline of Guantanamo Bay, Cuba, and the text "U.S. Naval Station, Guantanamo Baby, Cuba. Pearl of the Antilles. Commanding Officer Capt. Samuel T. White. Welcome Aboard."

The 9/11 Military Commission and Lessons of Recent History

The rulings that the accused 9/11 plotters' confessions are inadmissible are a reminder that the U.S. government fares better when it abides by the law.
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A collage of election-related images from Just Security articles

Collection: Just Security 2026 Midterm Election Analysis and Commentary

This collection brings together analysis of the legal and policy issues surrounding the 2026 U.S. midterm elections published on Just Security.
The Pentagon Office Building is seen from the air on August 25, 2026, in Arlington, VA.

Guantanamo Dispatch: Another Confession Is Ruled Inadmissible in 9/11 Case

A military judge has thrown out the confessions of Mustafa al-Hawsawi, a capital defendant in the 9/11 case at Guantanamo Bay.
The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.

Dangerous Warning Signs from the First-Ever ATRC Case

The first-ever case brought before the Alien Terrorist Removal Court displayed the dangers the court poses to democratic rights.
A black-framed TV monitor sitting against a white tent interior with cables running around it shows a split screen of four images, one at the top left of parked cars and an American flag across the black wrought iron of the White House fence; at top right a group of reporters standing around camera positions in the White House driveway; at bottom right what CNN viewers are seeing, which is a screen split itself into three images, the larger being the White House and the others being an anchor and interviewee; and at bottom left, senior reporter Betsy Klein in a tan trench coat standing against a backdrop of the White House and a green lawn.

Journalists Show Power of Solidarity in Response to White House Press Ban

The Washington press corps has offered a masterclass on essential collective resistance to Trump administration assaults on democracy and the rule of law.

The Just Security Podcast: What’s Behind the Justice Department’s FARA Announcement?

Host David Aaron joins Adam Hickey to discuss an unusual announcement from the Department of Justice on the Foreign Agents Registration Act and Section 951. 
President of Mexico Andres Manuel Lopez Obrador speaks during his last daily morning briefing at Palacio Nacional on September 30, 2024 in Mexico City, Mexico.

Persecution by Other Means: Mexico and the First Test of the ICC’s Cyber Policy

A new report finds that the Mexican government's actions against journalists from 2018 to 2024 could constitute grounds to investigate the crime of persecution.
The Arleigh Burke class guided missile destroyer USS Cole is shown at sea approximately one month before being attacked by a terrorist-suicide mission which killed 17 U.S. sailors and injured approximately 36 others during a refueling operation October 12, 2000 in the port of Aden, Yemen.

Guantanamo Dispatch: Prosecutors Turn to Remote Testimony For First-Ever Capital Trial at Guantanamo

The witnesses in Guantanamo’s first-ever death penalty trial, the USS Cole bombing case, are expected to testify by video feed.
Aerial view of a crowd of at least hundreds behind metal barriers in the foreground, with bright-colored port-a-potties on the right, against a backdrop of high-rise buildings at back left and mountains and a bay at back right.

Hard Lessons from Brazil on Defending Democracy

The United States could learn from Brazil about forming a cross-sectoral coalition to defend democratic institutions. So why is it falling short?
A Syrian carries the picture of his relative, who was killed during the country's civil war, while celebrating after the court proceedings, in Damascus on August 11, 2026. A Syrian court on August 11 sentenced former ruler Bashar al-Assad to death after a trial in absentia, convicting him of atrocities committed during the country's nearly 14-year civil war.

Supporting Syria’s Domestic Accountability Process

Despite their flaws, Syrian institutions have the potential to become vehicles of accountability with sustained international engagement.
The Camp Justice sign near the Military Commissions court area at Guantanamo Bay, Cuba.

Guantanamo Dispatch: Military Judge Orders Last Minute Sanity Board in USS Cole Bombing Case

A new mental health exam for the defendant, Abd al-Rahim al-Nashiri, could signal delay in the USS Cole bombing case before jury selection begins at Guantanamo Bay.
An empty judge's bench in a wood-paneled courtroom, with an American flag and a gold Great Seal of the United States mounted on the wall. Court-branded computer monitors are in the foreground.

State Attorneys General Can Enforce Federal Laws the Executive Branch Won’t

To combat executive non-enforcement, state attorneys general are using antitrust law to hold corporations accountable.
A sign marks the location of the Archives of the United States building on the National Mall on August 20, 2025, in Washington, DC.

Federal Employees’ AI Prompts Are Records … in Narrow Circumstances

If federal agencies fail to create records related to their AI interactions, they effectively insulate their decisionmaking from oversight.
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