Terrorism & Violent Extremism
Just Security provides expert legal and policy analysis of terrorism, counterterrorism, and domestic and international violent extremism.
2,223 Articles
Understanding What it Means to be “Approved for Transfer”: A Response to Lawrence Rosenthal
Lawrence Rosenthal argues below that the Executive lacks any AUMF authority to continue to detain GTMO detainees who have either been approved for transfer by the GTMO Review Task…
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…
Trials in Absentia Under International, Domestic and Lebanese Law
As a follow on to our backgrounder on the Special Tribunal for Lebanon, one additional feature of the current proceedings is worthy of note: the trials are proceedings in absentia. …
Osama bin Laden’s Son-in-Law to Face Trial in NY Within a Year of His Arrest
Judge Lewis Kaplan in the Southern District of New York has been keeping busy. In just the last week, Judge Kaplan issued three decisions in the case of Osama bin Laden’s…
Senate Intelligence Committee Releases Benghazi Report
This morning the Senate intelligence committee released its long-delayed report on the attack of the U.S. diplomatic facility in Benghazi, Libya. The report, which includes a…
After the AUMF: Iraq and Al Qaeda Redux
Over at Lawfare, Jack Goldsmith takes quite a different lesson from the push to repeal of the 2002 Iraq AUMF than Steve and I suggested here. In Jack’s view, the administration…
After the AUMF: Iraq and al Qaeda
On Tuesday, the Obama administration announced its support for repealing the 2002 authorization to use force in Iraq. This should not be surprising: after all, the President…
Benghazi Oversight: A Chairman’s Resistance to Inconvenient Facts
In a previous post, I argued that overwrought politicized congressional oversight about the attack of the U.S. diplomatic facility in Benghazi, Libya would have a damaging effect…
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…
Responding to John Dehn’s Letter to the Editor on the 9/11 Military Commissions
I agree with John Dehn that the military justice system is far more fair, orderly and efficient than the military commission system. My argument for why civilian federal courts…
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…