Civil Liberties
1,369 Articles
Assessing Trump’s Mandate—A Sober Analysis
Both supporters and opponents of Trump’s campaign want to know what kind of mandate the election results mean for his Presidency and for questions about the political capital…
Why I’m a Federal Courts Nerd (and You Should Be, Too)
In addition to the election, yesterday was also the first anniversary of the terribly untimely passing of my college mentor, Professor Nasser Hussain. And this past weekend, the…
Surveillance and Anti-Press Sentiment Heightens Concerns for Journalists Closer to Home
In 1999, Amartya Sen argued that the health of a country could be determined by examining the health of its press. One metric of the fitness of a country’s press is the safety…
10 Questions to Ask Yourself When Reading Jameel Jaffer’s “The Drone Memos”
Jameel Jaffer’s new book, The Drone Memos: Targeted Killing, Secrecy, and the Law, will be published on November 15, and hard copies will also be available at Just Security’s…
The Drone Memos—The Book
My new book, The Drone Memos, will be published on November 15. It’s a collection of the most important legal and policy documents relating to the U.S. drone campaign, preceded…
Is Throwing a Rock Through a Window “Terrorism”? Some Federal Prosecutors Think So
Image by Tomas Castelazo— Wikimedia Did you know that throwing a rock through the window of a Whole Foods could be punished as a federal crime of terrorism? An Assistant United…
New UN Report Highlights Freedom of Expression Violations Across the Globe
UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, yesterday issued his fourth report, a comprehensive survey…
Today’s En Banc D.C. Circuit Ruling in Al Bahlul…
163 pages later, we’re back where we started. Six of the nine judges on the en banc D.C. Circuit (with Chief Judge Garland and Judge Srinivasan not participating) voted…
More Guantánamo Mishegas (The Unlawful Detention of a US Citizen Edition)
Just when it seems like the ongoing, neverending saga that is the Guantánamo military commissions can’t get any stranger, there’s this: As Carol Rosenberg (who else)…
Mass Hacks of Private Email Aren’t Whistleblowing, They are at Odds With It
The Exxon Valdez after leaking more than 10 million gallons of oil into Alaska’s Prince William Sound in March, 1989. Image via NOAA/Wikimedia The world of 2016 is one where…
The Dangerous Implications of the Microsoft Ireland Case
Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…
Hot off the Presses: DOJ Rehearing Petition in the Microsoft Ireland Case (Full Text)
DOJ filed the attached motion tonight, seeking rehearing or reaching en banc in the Microsoft Ireland case. In the government’s words: “The [panel] Opinion has created…