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More on Captain Smith’s “following orders” theory of standing (and Little v. Barreme)
As I explain in my previous post, Captain Smith is right that his suit is not barred by the political question doctrine, and he also raises very difficult and important arguments…
Recap of Recent Posts on Just Security (Aug. 15 -19)
I. The Supreme Court and Courts Martial Steve Vladeck, Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals? (Monday, Aug. 15) II. The Presidential Policy…
Captain Smith’s brief on the merits in the litigation challenging the legality of Operation Inherent Resolve (PQD and merits)
Last night, Captain Nathan Michael Smith filed his memorandum in opposition to the government’s motion to dismiss his suit challenging the legality of Operation Inherent…
Judicial Enforcement of a Senate Subpoena of Backpage.com
Last week, the DC Circuit temporarily stayed an order enforcing a US Senate subpoena for records from the classified advertising site, Backpage.com, which has come under scrutiny…
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That’s how many individuals the Department of Defense continues to detain at the Guantánamo Bay Naval Base after the recent transfer of 15 detainees to the United Arab Emirates.…
Recap of Recent Posts on Just Security (Aug. 8 -Aug. 12)
I. Syria and Chemical Weapons Beth Van Schaack, Chemical Weapons Use Returns to Syria (Monday, Aug. 8) II. The Presidential Policy Guidance for Targeted Killing Marty Lederman, The…
The Early Edition: August 10, 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ and SYRIA Rebels fighting…
The Presidential Policy Guidance for targeting and capture outside Afghanistan, Iraq and Syria
Kudos to the ACLU for having compelled the government to release a fairly modestly redacted version of the May 2013 Presidential Policy Guidance, which “establishes the…
Recap of Recent Posts on Just Security (Aug. 1- 5)
I. Cybersecurity, the DNC Hack, and Privacy Jennifer Daskal and Andrew K. Woods, Congress Should Embrace the DOJ’s Cross-Border Data Fix (Monday, Aug. 1) Ido Kilovaty, The…
The Early Edition: August 2, 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. LIBYA The US expanded its…
Congress Should Embrace the DOJ’s Cross-Border Data Fix
Editor’s note: This post also appears on Lawfare. On July 15, the Obama administration unveiled proposed legislation designed to improve the process by which law enforcement…
Recap of Recent Posts on Just Security (July 20 – 25)
I. Donald Trump and National Security David Cole, Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering (Monday, July 25) II. Secret Law Jonathan…