Terrorism & Violent Extremism
Counterterrorism
819 Articles
Miranda: Blame Parliament Before Blaming the Courts
In August 2013, David Miranda, partner of journalist Glenn Greenwald, was transiting through Heathrow, on his way from Germany to Brazil when he was detained and searched under…
More Executive-Minded than the Executive
The English judiciary continues to show its habit of subservience to the government on security matters. In August 2013, David Miranda, who was carrying a hard disk with files…
Do “Extrajudicial Releases” of Afghan Detainees Violate International Law?: The Missing Legal Arguments
Today’s release of detainees by Afghan authorities, from the Parwan detention facility near Bagram airfield, has met with strong responses by the US embassy in Kabul (here) and…
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…
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).…
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…
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…
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…
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…
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…
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…