Terrorism & Violent Extremism

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The True Significance of Judge Tatel’s Opinion in the Force-Feeding Appeal

As Wells already flagged over at Lawfare, the D.C. Circuit decided Aamer v. Obama this morning — the effort by some of the Guantánamo detainees to challenge the force-feeding…
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What the No Fly List Teaches Us About Big Data

Shirin beat me to the punch in her excellent discussion of the court’s order in the first-ever no fly list case to be decided on the merits (an issue I previously discussed here).…
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A Terrorist Watchlist Error Revealed

Last month, a federal district court for the very first time ordered the government to disclose an individual’s status on the terrorist watchlist.  Jennifer Daskal described…
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A Reply to Gabor Rona on “Extrajudicial Release” in Afghanistan

In his post “Extrajudicial Release: A New Rule-of-Law Problem?” Gabor Rona rightly criticizes U.S. officials’ use of the term “extrajudicial release.” It is a troubling…
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10 Things We Need to Know Now About the US Drone War

A year ago today, NBC News published a leaked copy of a Justice Department memo that justified the killing of a U.S. citizen without a trial in a foreign country outside a war…
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Another (Dubious) Guantánamo Precedent

As Wells Bennett flagged over at Lawfare, the D.C. Circuit’s latest foray into the Guantánamo detainee litigation came two weeks ago in Al-Janko v. Gates, in which a…
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Reforming The Section 702 Dragnet (Part 1)

The consensus is clear that spying on innocent Americans section 215 of the Patriot Act is flatly illegal.  The Center for Democracy and Technology said it, Christopher Sprigman…
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Extrajudicial Release: A New Rule-of-Law Problem?

Monday’s Wall Street Journal reported on the release, this past Sunday night, of a statement by U.S. Forces-Afghanistan, lamenting the decision of an Afghan-led review board…
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First “Public” PRB Hearing Raises More Questions Than it Answers

As expected, today’s Periodic Review Board hearing, the first so-called “public” one of these events, was completely uneventful.  In the case of Abdel Malik Ahmed Abdel…
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Quasi-public Guantanamo Detainee Hearings Start Tomorrow

On Tuesday morning, select members of the media and human rights groups will, for the first time, be allowed to observe a portion of a Periodic Review Board hearing for a detainee…
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Counterterrorism Under the Radar: A Notable No Fly List Case and its Broader Implications

Amidst all the discussion of the President’s speech on surveillance (and the PCLOB Report on the same subject), the release of Robert Gates’ memoir, and the discovery of horrific…
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A $15 Million Dollar Torture Partnership

It has been common knowledge for a while that Poland hosted a secret CIA prison where Abd al Rahim al Nashiri and other prisoners now held in Guantánamo were detained and tortured. …
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