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The Quirin Jury-Trial Exception Should be Expanded

By   /  November 26, 2013  /  Counterterrorism, Laws of War / International Humanitarian Law, National Security Law & Policy, Terrorist Trials  /  No Comments

The D.C. Circuit is currently debating whether to expand the jurisdiction of military commissions in al Bahlul v. United States.  After summarizing the genesis of this issue, this post reviews the arguments for expanding and concludes:  first, Congress has the constitutional authority to define and punish war crimes that are not violations of international law; […]

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Indefinite Detainment of American Citizens Without Due Process Under the National Defense Authorization Act

By   /  November 26, 2013  /  AUMF, Counterterrorism, Fifth Amendment, First Amendment, Fourth Amendment, Global War on Terror, National Security Law, National Security Law & Policy, Searches & Seizures, Terrorist Trials  /  No Comments

Since the terrorist attacks of September 11, 2011, the United States government has fought to protect and secure our national security.  A vital role of the Executive Branch is to apprehend individuals who are suspected of participating or aiding in terrorist activities against the United States of America. As being the commander-in-chief of the United States […]

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Is the State Secrets Privilege too Powerful?

By   /  November 23, 2013  /  National Security Law  /  No Comments

As long as the United States has had state secrets, the country has sought to keep them secure. George Washington even used methods to protect his secrets during the Revolutionary War. The goal of protecting secrets even extends to judicial proceedings. This effort dates back to 1876 when the Supreme Court in Totten v. United […]

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The Arctic Search and Rescue Agreement: A Predictor of America's Future National Security Obligations in the Arctic?

By   /  November 21, 2013  /  Economy / Trade, International Law, International Security, Law of the Sea, National Security Law, National Security Law & Policy, Trending Topics  /  No Comments

The rapidly diminishing amount of summer ice in the Arctic Ocean could potentially have a profound impact on America’s national security. This phenomenon has lead to an explosion of strategic interest in a region that was once an afterthought. If trends continue, the Arctic Ocean could become a modern version of the Mediterranean of antiquity […]

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US-India Economic and Financial Partnership – Combating Terrorist Financing

By   /  November 19, 2013  /  National Security Law  /  No Comments

Last month, US Treasury Secretary Jack Lew announced a new bilateral effort with India to implement international anti-money laundering / combating the financing of illicit terrorism (AML/CFT) standards.  The announcement at the fourth annual US-India Economic and Financial Partnership specifically mentioned intentions to target the financial networks of Lashkar-e-Tayyiba (LeT), Jamaat-ud Dawa (JuD), and the […]

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