Detention
592 Articles
How the Trump Administration Deals With Detainees Can Provide Insight Into its Counterterrorism Priorities
What is the US going to do with the “enemy combatants” it picks up during counterterrorism operations? How will we strike the difficult balance between protecting national…
Congress is Facing Decisions on Torture, and Needs to Treat Them As Such
On October 17, the Senate Intelligence Committee held a hearing on Christopher Sharpley’s nomination to become the next CIA inspector general. He has been the agency’s acting…
Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?
Has it only been a week? Yeesh. Well, we are back! In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…
Guantanamo: Donald Trump’s Opportunity
The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision…
Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)
Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody
President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to…
For Quick and Strong Justice, Look to the Courts—Not Guantanamo
On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…
What’s Going on at Gitmo?
Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…
Episode 43 of the National Security Law Podcast: Unseal this Podcast!
It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…
Can Defense Counsel Ever Be Lawfully Surveilled by the Government?
David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…
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,…