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National Security-Related Congressional Hearings, June 5-9
Tuesday, June 6 9:30am – Senate Armed Services Committee – Posture of the Department of the Air Force (here) 10:00am – Senate Homeland Security Committee – The…
More on the Effective Date of the Entry Ban and the Hawaii Injunction (Response to Will Baude)
In a post yesterday, I argued that it wouldn’t make much sense for the Supreme Court to grant the government’s petition for certiorari in the “entry ban”…
Recap of Recent Posts on Just Security (May 29-June 2)
I. Trump and Russia Bob Bauer, Campaign Finance Law: When “Collusion” with a Foreign Government Becomes a Crime (Friday, June 2) Andy Wright and Kate Brannen, Could the White…
A simple reason to deny cert. in Trump v. IRAP: because the entry ban expires in 12 days, anyway
Cross-posted at Take Care. Last night, the Acting Solicitor General filed a petition for certiorari in Trump v. International Refugee Assistance Project, the Maryland case…
Why the Supreme Court Should Take the Two New Guantánamo Military Commission Appeals
In a footnote to his concurring opinion in the en banc D.C. Circuit’s October 2016 ruling in al Bahlul v. United States, D.C. Circuit Judge Brett Kavanaugh stressed the…
New Atrocities Prevention & Response Legislation Introduced
I posted earlier about a new bipartisan bill to advance accountability in Syria: the Syrian War Crimes Accountability Act of 2017 (current status is here). Two additional pieces…
Delegating Commander-in-Chief Powers–Where to strike the balance
The Trump Administration is busy reconsidering the United States’ approach to counterterrorism, and its revised policies will assuredly reflect President Trump’s desire to…
Memorial Day
In honor of Memorial Day, Just Security will be on an abbreviated schedule with a lower volume of posts than normal. If any major, time-sensitive developments occur, we will do…
Recap of Recent Posts on Just Security (May 20-26)
I. Foreign Policy Michael Posner, Tillerson’s Degradation of Human Rights Mustn’t–and Can’t Yet–be Executive Branch Policy (Monday, May 22) Sydney Blumenthal, What…
The Lingering “Stigma” of the Fourth Circuit’s Travel Ban Ruling
[Disclosure: the author is counsel in a different legal challenge to the travel ban.] A central theme (if not doctrinal claim) in the dissenting opinions in the Fourth Circuit’s…
Q & A With Citizen Lab on “Tainted Leaks” and Russia’s Disinformation Campaign
On Thursday, the University of Toronto’s Citizen Lab published evidence of a dangerous new twist in the war against truth. Russia-linked hackers, dubbed CyberBerkut, have…
Protecting Civilians through Wartime Investigations: Applying the 2016 Minnesota Protocol When it Matters Most
It is highly important to have internationally recognized standards in investigating and prosecuting “potentially unlawful deaths”—an issue that is well recognized in the…