Terrorism & Violent Extremism

Just Security provides expert legal and policy analysis of terrorism, counterterrorism, and domestic and international violent extremism.

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The CIA Can’t Keep Its Drone Propaganda Straight

This week, one government intelligence agency, after patiently and methodically tracking a terrorist leader for months through precise electronic surveillance, successfully targeted…
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The Hidden Meaning (Maybe) of the New FISC Opinion

The Foreign Intelligence Surveillance Court released an opinion today, dated June 17, holding that despite the brief lapse of several provisions of the USA Patriot Act, the effect…
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Delay and Detention at Obama’s Guantánamo: The Missing PRBs

As Steve Vladeck noted last week, lawyers for Guantánamo detainee Mohamedou Ould Slahi filed a motion in his habeas corpus case demanding that the Obama administration…
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Abu Ghraib and the Perversion of the Political Question Doctrine

I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
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ISIL’s Online Offensive: Challenges in Countering ISIL in Cyberspace

The US-led campaign against ISIL is going well in neither the terrestrial nor cyber realms. ISIL’s successful offensives against Ramadi in Iraq and Palmyra in Syria in late May…
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Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup

I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have…
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Why al Bahlul is Rightly Decided

Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
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What Rights Does International Law Afford Umm Sayyaf?

The legal machinations within the US government must have been considerable last month after an American special operations raid in Syria captured Umm Sayyaf, the wife of suspected…
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What al Bahlul Says, and What It Means

It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
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al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense

The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…
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Closing Guantánamo Will Help Combat Terrorist Propaganda

It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…
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The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote

[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
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