due process
47 Articles
Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next
Leading expert and author of a book on the subject, Jeffrey Kahn explains what happens now that a court declared a major terrorist watchlist unconstitutional.
Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist
Expert Backgrounder on the big questions coming out of the court's ruling. The case involved US citizens. How might the ruling affect foreign nationals? What were the judge's key…
Unpacking (Some of) the Legal Issues Surrounding Hoda Muthana
Even before the President weighed in on Twitter, there’s been substantial discussion about the fate of so-called “ISIS bride” Hoda Muthana, and her apparent desire…
Brennan’s Due Process Case Against the White House
In an unprecedented move, the White House announced that President Donald Trump was revoking the security clearance of John Brennan, the CIA director in the Obama administration.…
UN Working Group: Indefinite Detention of Gitmo Detainee Violates Human Rights Law
The Jan. 24 findings of the UN Working Group on Arbitrary Detention conclude that the continued detention of Ammar al Baluchi at Guantanamo Bay is arbitrary, discriminatory, and…
Al-Alwi and the Unraveling of Detention Authority at the End of Active Hostilities
Last week, President Trump issued a new executive order reversing the 2009 executive order that had ordered the closure of detention facility at Guantanamo Bay, Cuba and re-asserting…
Today’s Mass Guantanamo Habeas Petition and the Ongoing Human Cost of America’s “Battle Lab”
Today, the Guantanamo prison enters its 17th year. 41 Muslim men still languish there, trapped in an ever-present reminder of their captors’ official experiment with torture.…
Donald Trump and the Ghosts of Joseph McCarthy
Following the mass shooting at Pulse nightclub in Orlando, presumptive Republican presidential nominee and celebrity businessman Donald Trump repeatedly implied that President…
McCain’s Hearing Threat and the Bergdahl Court-Martial
Last month, Sen. John McCain (R-Ariz.), chair of the Senate Armed Services Committee, stated his opinion that Army Sgt. Bowe Bergdahl, who is currently facing charges before a…
Congressional Due Process Failure: A Benghazi Example
The consequences of congressional scrutiny can be profound for the subjects of lawmakers’ investigations, yet the second Congress calls, almost none of the safeguards of the…
Diplomatic Assurances, Torture, and Judicial Review:
The Bimenyimana Appeal
Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the…
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …