due process

Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.

"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."

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.

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…

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…

Analyzing the risks and rewards of multi-defendant trials for the State and for the defendants.

Prosecutors in counterintelligence cases are maximizing their chances of success while protecting defendants’ rights and national security.

Seizure of Russian assets poses risks to the possibility, legitimacy, and international acceptance of an ultimate post-conflict settlement.

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…

The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.

"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."

The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…