Terrorism & Violent Extremism

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

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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.…
Just Security

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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Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional

Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
Just Security

An Important New Filing in the Continuing Saga of Mohamedou Ould Slahi

This morning, lawyers for Guantánamo detainee Mohamedou Ould Slahi–the international best-selling author of “Guantánamo Diary”–filed a new motion in the…
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No Torture Means No Torture – Why We Need the McCain-Feinstein Anti-Torture Amendment

Do we mean what we say when we ban torture? That has been a question for more than a decade, ever since President George W. Bush, on United Nations International Day in Support…
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A New, and This Time Bipartisan, Proposal for an AUMF Against ISIL

As we highlighted last week, there has been recent movement in Congress to refocus on the need for an authorization for the use of military force (AUMF) against ISIL. Sen. Tim…
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Will Assad Put Himself in US Crosshairs by Working With ISIL?

The news that Syrian troops are providing support to ISIL may add a dangerous new twist to the US campaign against the terrorist group and open up legal authority for the US to…
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The Senate’s Guantánamo Bill: A Wolf in Sheep’s Clothing

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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The Need for a USA Freedom Technical Corrections Act

In a post on Thursday entitled “What Did the USA FREEDOM Act Actually Amend?,” Megan Graham of Just Security carefully described a huge problem with the USA FREEDOM Act, one…
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Three Problems With Judge Brown’s Opinion in Tuaua

On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…
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