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The Guantánamo Ethics Mess

The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath,…

Mueller Has Authority to Name President Trump as an “Unindicted Coconspirator”

Imagine if Special Counsel Robert Mueller finds sufficient evidence to charge President Donald Trump, but his hands are tied because he or the Department of Justice concludes that…
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Recap of Recent Pieces on Just Security (Oct. 21-27)

Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…
The Facebook login page on a computer screen. The screen is partly blacked-out to show only a circle revealing “Facebook – Facebook helps you…the people in your…”

Top Experts: Can Facebook Legally Disclose Russian Ads–What Does the Stored Communications Act say?

I asked several of the most highly respected legal experts for their views on an issue yet to receive significant attention in the news: whether and to what extent, if any, a federal…
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Former Federal Prosecutor Renato Mariotti’s Tweet Threads

Renato Mariotti, a member of the Just Security Editorial Board and former federal prosecutor in Illinois, has written incisive and sophisticated legal analysis on the Trump-Russia…

The Importance of Professional Expertise in Gathering Evidence of Mass Atrocities

Justice for core international crimes committed in places like Syria is currently non-existent. Yet, should our frustration with this lack of accountability lead us to alter widely-accepted…
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The Early Edition: October 27, 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. NORTH KOREA The U.S.’s…
The top of the U.S. Supreme Court building.

The Original Meaning of the Alien Tort Statute

At oral argument in Jesner v. Arab Bank, Supreme Court Justice Neil Gorsuch raised a theory about the about the original meaning of the Alien Tort Statute (ATS), a provision of…

Happy PATRIOT Act Day!

On this day, 16 years ago, President George W. Bush signed into law the most sweeping, publicly acknowledged domestic surveillance authority in American history. Enacted six weeks…
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The Early Edition: October 26, 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. TRUMP-RUSSIA The WikiLeaks…

Treasury’s Turf War Over Domestic Spying

BuzzFeed News recently reported serious allegations that the Treasury Department’s Office of Intelligence Affairs (OIA) is illegally accessing and analyzing the ­financial records…
The top of the U.S. Supreme Court building.

Jesner v Arab Bank Symposium: The Virtually Unanswerable Argument from General Principles

In their briefs and oral arguments before the Supreme Court earlier this month, counsel in Jesner v. Arab Bank met some astronomical expectations. But questioning from Justices…
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