Terrorism & Violent Extremism
Counterterrorism
780 Articles
The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases
These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
Remember Why We Have the Fourth Amendment
The Paris attacks have fueled a debate over surveillance on both sides of the Atlantic that, while not new, has reached a level of hysteria that I have not witnessed since the…
Still Secret: Second Circuit Keeps More Drone Memos From the Public
Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
The insoluble Guantánamo problem (Part Three: Executive disregard of the GTMO-to-U.S. relocation prohibition is not a solution)
In my first two posts (here and here) I’ve described how intransigent (and unjustifiable) political opposition has made it virtually impossible for the President to relocate…
The insoluble Guantánamo problem (Part Two: The NDAA restrictions)
In my earlier post, I explained that the failure to close the detention facility at Guantánamo has been the one conspicuous and unfortunate exception to what has otherwise been…
The insoluble Guantánamo problem (Part One: The President’s successful transformation of U.S. detention practices . . . and the GTMO exception)
Charlie Savage’s Power Wars (see our ongoing symposium here) tells a very important, and mostly overlooked, story about President’s Obama’s policies and practices with respect…
The Assassination Ban and Targeted Killings
In public speeches, administration officials have criticized the use of the word “assassination” to characterize targeted killings carried out by the United States. The administration’s…
The Latest Stumbling Block in the 9/11 Case: Self-Representation and Classified Evidence
Can a military commission defendant represent himself if he can’t see the classified evidence against him? That’s the outstanding issue in the 9/11 case taking place at the…
The UN Security Council’s New Resolution on Women, Peace, and Security
The United Nations Security Council this week unanimously adopted a new resolution on women, peace, and security meant to improve the UN’s agenda for these issues. The new resolution (UNSCR…
The Obama Administration’s Misguided Opposition to Tariq Ba Odah’s Request for Judicial Relief
On October 15, a federal district court in Washington, DC, will hear argument in Ba Odah v. Obama, a habeas challenge by a Guantánamo detainee whose prolonged hunger strike has…
Letter to the Editor: To Combat Extremism, We Will Need More Than Words
Earlier this week, the UN hosted a high level meeting in response to President Obama’s call for a new strategy to “combat violent extremism.” As Syrian refugees flee to Europe…
The Bass-Ackwards Detainee Transfer Provision in the FY2016 NDAA
There’s a lot to say about the 1,915-page National Defense Authorization Act (NDAA) for Fiscal Year 2016 that was unveiled yesterday by the House and Senate Armed Services…