DC Circuit

When Special Counsel Smith’s January 6th Trial Will Reach a Verdict: Analyzing the Alternative Timelines

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Mar 1st, 2024

How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines

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Feb 6th, 2024

How Long Will Trump’s DC Immunity Appeal Take? Analyzing the Alternative Timelines

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Jan 9th, 2024

Mandate Matters: How the DC Circuit Could Limit Trump’s Run-Out-the-Clock Strategy

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Jan 8th, 2024

Speech or Debate Immunity Will Not Protect Scott Perry’s Phone

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Feb 23rd, 2023

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause

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Sep 1st, 2021

What To Watch For In Michael Flynn’s Case On Tuesday

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Aug 10th, 2020

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book

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Jun 19th, 2020

Questions for the Government in the Bolton Book TRO Hearing(s)

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Jun 18th, 2020

The Constitutional Challenge to Robert Mueller’s Appointment (Part V):  If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?

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Nov 1st, 2018

Can You Sue International Organizations? The Supreme Court Decides to Weigh In

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Jun 1st, 2018

Letter to the Editor: How Steve Vladeck’s Response Makes My Case

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Sep 13th, 2017

Judge Garland & The Foreign Sovereign Immunity Act

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Jul 13th, 2016

The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]

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Jul 8th, 2016

Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul

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Jun 2nd, 2016

Justice Garland and National Security Accountability: What’s Missing from the Dueling Guantánamo Accounts

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Mar 19th, 2016

Determining When the Armed Conflict With Al-Qaeda Started

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Mar 11th, 2016

D.C. Circuit Quietly Set to Hear Major National Security Appeals

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Feb 16th, 2016

When Did the War With al-Qaeda Start?

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Feb 12th, 2016

A FOIA Circuit Split That the Supreme Court Needs To Resolve

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Dec 23rd, 2015

Counting to Six in Al Bahlul IV

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Dec 1st, 2015

Reflections from the en banc al Bahlul oral argument

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Dec 1st, 2015

Abstention and the “Other” D.C. Circuit Military Commission Appeal

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Nov 30th, 2015

We Don’t Need to Broaden Military Commissions’ Jurisdiction

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Nov 30th, 2015

Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

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Nov 30th, 2015

Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction

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Nov 25th, 2015

Why Al Bahlul IV Won’t Matter

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Nov 24th, 2015

Previewing Next Tuesday’s Oral Argument in “Al Bahlul IV”

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Nov 23rd, 2015

Drone Disclosures, Official and Not

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Oct 19th, 2015

D.C. Circuit Grants Rehearing En Banc in al Bahlul (and Highlights My Poor Math Skills)

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Sep 25th, 2015

US Government Petitions for Rehearing En Banc (Again) in Al Bahlul

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Jul 27th, 2015

What al Bahlul Says, and What It Means

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Jun 12th, 2015

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