D.C. Circuit Court of Appeals
56 Articles
History Has Already Discredited the TikTok Ban
The TikTok ban is a reincarnation of past reactionary efforts to limit Americans from accessing media from abroad.
A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…
When Special Counsel Smith’s January 6th Trial Will Reach a Verdict: Analyzing the Alternative Timelines
Updated overview of potential timelines for the resolution of Donald Trump's appeal and trial in federal prosecution for January 6th.
How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines
Likely trial start dates for former president Trump in DC, now that the Circuit Court has ruled and the Supreme Court has yet to weigh in.
How Long Will Trump’s DC Immunity Appeal Take? Analyzing the Alternative Timelines
An overview of the potential procedural pathways for former President Trump's appeal of his federal prosecution for election interference.
Mandate Matters: How the DC Circuit Could Limit Trump’s Run-Out-the-Clock Strategy
The DC Circuit has every reason to put the burden on former President Trump by issuing a quick mandate.
Speech or Debate Immunity Will Not Protect Scott Perry’s Phone
On Thursday, the DC Circuit Court of Appeals held a hearing on whether Rep. Scott Perry (R-Penn.) is protected by the Speech or Debate Clause from the Jan. 6 criminal investigation....
In the “War on Terror,” What Did Rights Organizations Get Wrong?
A leading human rights lawyer raises provocative questions about track record of U.S. human rights organizations. An essay in advance of a live event on Thursday night to discuss…
What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?
Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
What To Watch For In Michael Flynn’s Case On Tuesday
These four key issues may be on the judges' minds.
Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction.