Terrorism & Violent Extremism
Counterterrorism
809 Articles
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…
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…
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…
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…
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. …
An Inauspicious Anniversary: It’s Time to Release the Report of the Special Interagency Task Force on Interrogations and Transfer Policies
Yesterday was the five-year anniversary of President Obama’s Executive Order 13491 on ensuring lawful interrogations. The Order, one of the first acts of the Obama administration,…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
Helpful Resource from the Dept of Defense: Periodic Review Board Website
We wanted to flag for interested readers a helpful resource, the Department of Defense’s website for the Periodic Review Secretariat (PRS), the body responsible for the administrative…
Prediction: Fourth Amendment Evolves in 2014
When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Two Quick Reflections on Why al Maqaleh III Matters
Over at Lawfare, Raffaela Wakeman already flagged today’s (unsurprising) D.C. Circuit decision in al Maqaleh v. Hagel, once again dismissing for lack of jurisdiction appeals…
Senate Passes the NDAA
Late this evening, the Senate passed by a vote of 84-15 the compromise NDAA legislation that the House approved last week; it should be sent to the President for his signature…
Updates from Today’s 9/11 Case Hearings Before the Military Commission
Today was the second public session of this week’s pre-trial motion hearings in the 9/11 case before the military commission in Guantanamo Bay. As I am sure many readers…