Terrorism & Violent Extremism

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

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A Reply to Margo Schlanger on Latif and Fundamental Rights

Margo Schlanger’s post on Thursday takes as its “vital point” the right of an American citizen to reenter the United States. Margo is responding to Tuesday’s news about…
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Fourth Circuit Holds Abu Ghraib Torture Claims Not Barred by Kiobel

Although it will likely be overtaken by the news set to come out of the Supreme Court later this morning, the Fourth Circuit has handed down a very big decision in the ongoing…
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Abu Khattalah and the Evolution of Ship-Based Detention

The N.Y. Times reports that Ahmed Abu Khattalah arrived in Washington, D.C., this morning by helicopter following his transport across the Atlantic on a Navy warship.  Khattalah,…
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The Supreme Court Goes to War:
Hamdi, Padilla, and Rasul at 10

Ten years ago tomorrow, the U.S. Supreme Court handed down its first three decisions in post-September 11 terrorism cases: Hamdi v. Rumsfeld, Rumsfeld v. Padilla, and Rasul v.…
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Two Major ISIS Developments

On the heels of last week’s White House announcement that the President was sending 275 U.S. troops to Iraq to provide security to U.S. personnel and the U.S. Embassy, today…
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The Bigger No Fly List Problem

Yesterday, Judge Anna Brown issued her much-anticipated opinion in Latif v. Holder, in the U.S. District Court for the District of Oregon. As Jennifer Daskal explained in her excellent…
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The Latest No Fly List Ruling: A Very Big Deal!

As Steve has already noted, the District Court of Oregon yesterday, in Latif v. Holder, issued a “Very Big Deal” opinion ruling that the No Fly List redress procedures violated…
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Is al-Qaeda in Iraq?

As an analyst in the CIA’s Counterterrorism Center, I spent four years as one of the agency’s leading experts on al-Qaeda’s affiliate in Iraq. Thus, the debate on Just Security…
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You Can’t Have an “Associated Force” with No Core

There has been lots of commentary already on the newly-released (but heavily-redacted) OLC opinion, so I’ll focus mine on a key point I haven’t yet seen made. The OLC memo…
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Oregon District Court Holds No-Fly List Procedures Violate Due Process

Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
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The OLC’s Drone Memo and International Law’s Ascendance

The long-awaited release of the redacted July 16, 2010 OLC memo is anticlimactic in important respects. Much is still unknown to the point that it is difficult, if not impossible,…
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On the Benefits of Transparency: Why So Long to Disclose Drone Memo?

Monday’s release of the previously secret July 2010 Justice Department memo laying out the legal case for killing US citizen, Anwar al-Awlaki, has sparked a wide range of reactions,…
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