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DOJ Evades the Key Question in the Case of the Unnamed Citizen Detainee

On Thursday morning, in the ACLU Foundation v. Mattis case, Judge Tanya Chutkan ordered the government to inform the court by 5:00 p.m. whether the unnamed U.S. citizen detainee…
U.S. border official Marshall Walcer inspects the identification of a Mexican citizen at the U.S.-Mexico border crossing on December 10, 2010 in Nogales, Arizona. Others wait on line in the background.

Extreme Vetting by Algorithm

Last week, a group of machine learning and data mining experts wrote to the acting secretary of DHS urging her to reconsider an automated Extreme Vetting Initiative being proposed…

How the Trump Administration Deals With Detainees Can Provide Insight Into its Counterterrorism Priorities

What is the US going to do with the “enemy combatants” it picks up during counterterrorism operations?  How will we strike the difficult balance between protecting national…
A U.S. Air Force MQ-1B Predator unmanned aerial vehicle (UAV) (ie. drone), carrying a Hellfire missile after flying a mission in the Persian Gulf region on January 7, 2016.

Implications of Trump’s New Drone Policy for Countries Assisting the U.S.

At the end of October, the New York Times reported two government officials as saying that the Trump administration had adopted its anticipated new approach to the deployment of…

Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?

Has it only been a week?  Yeesh.  Well, we are back!  In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…

Guantanamo: Donald Trump’s Opportunity

The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision…

Conservative Correctness: The Terrorism Double Standard

Hours after last week’s attack in Manhattan, President Donald Trump took to Twitter to say, “We must not allow ISIS to return, or enter, our country after defeating them…
Just Security

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…

The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody

President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to…
The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

For Quick and Strong Justice, Look to the Courts—Not Guantanamo

On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack

We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday.  The…

Jesner Oral Arguments, Justice-by-Justice

Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
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