Recent Articles

The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody

President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to…

Members of Congress Ask Facebook to Notify Users Exposed to Russian Propaganda–Ball Is Now in Zuckerberg’s Court

“I’m sure as you began your business and they grew, it was the idea of bringing people together and not tearing people apart, as I’m sure the Wright Brothers never intended…
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The Early Edition: November 2, 2017

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. NEW YORK TERROR ATTACK Federal…
The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

For Quick and Strong Justice, Look to the Courts—Not Guantanamo

On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
Former campaign manager for U.S. President Donald Trump, Paul Manafort, smiles as he leaves U.S. District Court after pleading not guilty following his indictment on federal charges on October 30, 2017 in Washington, DC.

Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)

Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack

We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday.  The…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

What’s Going on at Gitmo?

Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…
Mark Zuckerberg walks past a tree.

Mark Zuckerberg, It’s Time For an Act of Radical Transparency

When Russian Facebook ads are finally released to the American public, much of the news coverage will laud this as a major step toward transparency in telling us what happened.…
Just Security

The Early Edition: November 1, 2017

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. NEW YORK TERROR ATTACK A…
A truck carries the crashed vehicle from the terrorist attack on November 1, 2017 in New York City. The truck carrying the vehicle uses the entire road even though parked cars in opposing directions on both sides of the road and a double yellow line down the middle indicate it is a two way street. The truck travels on November 2nd, the day after the attack.

Terror in NYC: The Real Test Comes Tomorrow, Not Today

New York City officials are already calling Tuesday’s awful attack in downtown Manhattan “an act of terror.”  Whether they are right remains to be seen; but, if so, the…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!

It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…
A military officer stands near the entrance to Camp VI at the U.S. military prison for 'enemy combatants' on June 25, 2013 in Guantanamo Bay, Cuba.

Can Defense Counsel Ever Be Lawfully Surveilled by the Government?

David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…
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