Guantanamo

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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…
The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

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…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

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…
A military officer stands near the entrance to Camp VI at the U.S. military prison for 'enemy combatants' on June 25, 2013 in Guantanamo Bay, Cuba.

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,…

Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer

On Friday, Guantánamo death penalty lawyer Richard Kammen announced in a press release that: Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense…

Letter to the Editor: How Steve Vladeck’s Response Makes My Case

With his usual zeal, my friend Steve Vladeck energetically defends his support for the D.C. Circuit court’s decision mandating Judge Scott Silliman’s recusal in the military…
Former ExxonMobil CEO Rex Tillerson, U.S. President-elect Donald Trump's nominee for Secretary of State, testifies during his confirmation hearing before the Senate Foreign Relations Committee January 11, 2017 on Capitol Hill in Washington, DC.

Key U.S. Foreign Policy Positions—including Ambassador for War Crimes—Saved from Getting Axed

Just Security recently broke the story that the State Department was considering shuttering or downgrading certain functional offices and Senate-confirmed ambassadorships within…
A military officer walks from the entrance to Camp VI on June 25, 2013 in Guantanamo Bay, Cuba.

Proposed 2019 Start Date for 9/11 Trial Faces Skepticism from Gitmo Judge

GUANTANAMO BAY NAVAL BASE, Cuba — The military commission proceeding against five detainees allegedly responsible for the September 11th terrorist attacks is slowly inching…

We Are Already in a State of Emergency

As Trump reissues his “lock her up” talk against Hillary Clinton and assaults the Justice Department, FBI, and media, the Brennan Center recently had a prescient meeting about…
A screenshot from C-Span2 of Harvey Rishikof speaking. The time reads 7:05pm ET, and the caption below reads, “War, the Constitution and Foreign Policy.”

A Test Case for Guantánamo’s New Convening Authority

The latest Guantánamo military commission case to make headlines—the new charges against Encep Nurjamen (a.k.a. Hambali)—is shrouded in an unusual amount of secrecy. But when…
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