due process
44 Articles

Murder by Drone: The Legal and Moral Stakes of the Caribbean Strikes
If allowed to go unchecked, the Caribbean strikes could encourage additional unlawful executions by the United States and other leaders.

Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.

Three Ways Abrego Garcia’s Rights Violated — Two of Which the Government Admits
"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."

The Missing Due Process for Gang Allegations
There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.

The U.S. Military Moves Closer to Just Military Justice – But More Work Remains
Reforms that just took effect at the end of 2023 mark an important step in the right direction, but further reforms – and careful attention to how they are implemented – will…

9/11 Family Members Can Get Answers through Plea Agreements, Not a Trial
The impending 22nd anniversary of our loved ones’ deaths is a truly fitting occasion to end the failed 9/11 military commission, answer our questions, and assure us of judicial…

The Fulton County DA’s Options: Multi-Defendant Trial(s) and the Paths Ahead
Analyzing the risks and rewards of multi-defendant trials for the State and for the defendants.

I’ve Prosecuted National Security Cases. It Can Take Time to Get Them Right.
Prosecutors in counterintelligence cases are maximizing their chances of success while protecting defendants’ rights and national security.

Why the European Commission’s Proposal for Russian State Asset Seizure Should be Abandoned
Seizure of Russian assets poses risks to the possibility, legitimacy, and international acceptance of an ultimate post-conflict settlement.

The Biden Administration’s Disappointing Sanctions Report: What Should Come Next
Last week, the Treasury Department released a long-awaited report setting forth the results of its “comprehensive review” of U.S. sanctions. To the dismay of sanctions reform…

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.

What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."