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Russell Vought sits at his Senate Confirmation Hearing

The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds

The Impoundment Control Act may prohibit agencies from freezing or terminating funding based on changing policy priorities.
A man walks away from the E. Barrett Prettyman US Courthouse in Washington, DC

Trump’s Legal Battles Over Jan. 6 Are Still Alive and Relevant

A breakdown of the civil cases that will still proceed against President Trump, with new rounds of briefs due on Weds.
Just Security

What explains the three-year delay on the Slahi habeas petition?

As Ben Wittes notes over at Lawfare, last week Judge Royce Lamberth denied a motion by habeas petitioner Mohamedou Ould Slahi to require the Department of Defense to expedite…
Just Security

A FOIA Circuit Split That the Supreme Court Needs To Resolve

On Friday, January 8, the Supreme Court will consider a petition for certiorari in EPIC v. DHS, a lawsuit by the Electronic Privacy and Information Center (EPIC) under the Freedom…
Just Security

Letters to the Editor on End-of-War Claims from Guantánamo Detainees

My post from last Thursday has provoked a pair of letters-to-the-editor from lawyers for current and former Guantánamo detainees. Below the fold, I reprint them in full, and…
Just Security

Has the Government Conceded that Courts Can Review Detainees’ End-of-War Claims?

The first article I published after law school was a little piece in the January 2006 issue of the Journal of National Security Law & Policy, focusing on the then-hypothetical…
Just Security

Does Klayman Need to Cross-Appeal Judge Leon’s Ruling?

In yesterday’s post, I explained why, in my view, the far more vulnerable aspect of Judge Leon’s Monday ruling issuing a preliminary injunction against the bulk telephony…
Just Security

Judge Leon and the Shocking Scope of the NSA’s Surveillance Program

U.S. District Court Judge Richard Leon’s decision on Monday finding that the NSA’s telephony metadata program is likely unconstitutional is a welcome and important recognition…
Just Security

Why the Constitutional Holding in Klayman Wasn’t Necessary

24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…
Just Security

Judge Leon Enjoins Bulk Metadata Program; Stays Ruling Pending Appeal

Things just got interesting here in D.C.  In a ruling issued earlier today, Judge Richard Leon has held that Larry Klayman and Charles Strange have standing to challenge the bulk…
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