Recent Articles
Draft EO on Detention and Interrogation: Update And Additional Concerns
As is now well-known, the White House has disclaimed the draft EO which appeared to open the door to torture and revival of the CIA detainee program. (Sean Spicer: This is “not…
Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners
With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners…
Introducing UT’s National Security Law Podcast
The world probably does not need another podcast, but it’s getting one anyway… As many of you already know, I joined my good buddy (and fellow Mets fan) Bobby Chesney on the…
The UK Supreme Court’s Brexit Judgment: Implications and Unintended Consequences
The UK Supreme Court decision in the Brexit litigation on Tuesday is the most important judgment that the Court has delivered in its short history. Its 283 paragraphs will provide…
The Early Edition: January 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. PRESIDENT TRUMP’S TORTURE…
Mattis Charting Reassuring Course, Separate From Trump
News of the first few days of the Trump administration at the White House describes backbiting, internal feuds, lots of tv watching and a mishmash of planned controversial policy…
Why the Trump Detention and Interrogation EO May Be Illegal
Via the New York Times, the indefatigable Charlie Savage has a summary of the forthcoming three-page Executive Order on “Detention and Interrogation of Enemy Combatants.”…
What Did the Courts Say When Bush was Accused of Targeting Muslim Immigrants?
Looking out my window in lower Manhattan, and with Donald Trump’s inauguration just a few days behind us, it’s hard to stop thinking that a Muslim man, sitting in a chair with…
How the European Convention on Human Rights Limits Cooperation with the Trump Administration
On the campaign trail, Donald Trump repeatedly promised to keep the Guantanamo Bay detention facility open and to “load it up with some bad dudes.” He also pledged to bring…
The Early Edition: January 25, 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. PRESIDENT TRUMP’S FOREIGN…
Divided 4-4 Second Circuit Denies Rehearing In Microsoft Ireland Case
Today, the Second Circuit — in a four-to-four split — denied rehearing in the Microsoft Ireland case (a case I have blogged about here, here, and here). The 60-page…
How News Media Can Get Misled by Tough Talk on Killing Terrorists
Image: US airstrike with 2,000lb bombs on ISIS bank in Mosul, Jan. 11, 2016 – CENTCOM Less than a half hour after Donald Trump took the oath of office on Friday, ABC News…