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Exporting Torture – The Legal Loophole of Extraordinary Rendition

By   /  November 10, 2015  /  International Law, National Security Law, Terrorist Trials, Trending Topics  /  No Comments

On September 26, 2002, Maher Arar, a dual citizen of Canada and Syria, was en route from Tunisia to Montreal in order to attend a business function.[1]While switching planes at Kennedy Airport in New York, Arar was stopped and detained by Federal Bureau of Investigation (“FBI”) officials under the belief that he might have ties […]

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The Westgate Mall Attack Trial: Confusion, Accusations, and Delays.

By   /  October 29, 2014  /  International Law, Terrorist Trials  /  No Comments

On September 21, 2013, four gunmen stormed the Westgate Mall in Nairobi, Kenya. After a harrowing four-day siege, 67 people were left dead and at least 23 were missing. A year later, however, the details of the deadly attack are still unclear. Initial press reports presented conflicting evidence. The government first said there were up […]

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Bringing the “Crazy Bastards” Home: Ghailani and his Slow, Torturous Wait for a Speedy Trial

By   /  December 5, 2013  /  Counterterrorism, Featured, National Security Law, Pending Cases, Terrorist Trials, Trending Topics  /  No Comments

Simply stated, the American people do not want to close Guantanamo Bay, which is an isolated, military-controlled facility, to bring these crazy bastards who want to kill us all to the United States.                     – Senator Lindsay Graham I.          Crossruffing Reviving a model created by President Franklin D. Roosevelt’s 1942 order authorizing a military commission […]

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Warrantless Wiretapping Fallout Continues

By   /  December 3, 2013  /  Cyber-surveillance, Cybersecurity, Cybersecurity Law & Policy, Featured, Fifth Amendment, First Amendment, FISA, Fourth Amendment, Human Rights in Cyberspace, Intelligence, National Security Law, National Security Law & Policy, Searches & Seizures, Surveillance, Terrorist Trials, Trending Topics  /  No Comments

Earlier this year, a Somali-American man, Mohamed Mohamud, was convicted of trying to use a weapon of mass destruction at a Christmas tree lighting ceremony in Portland, Oregon in 2010.  On Tuesday, November 19, 2013, the Department of Justice’s prosecutors filed a two-page notice in the United States District Court for the District of Oregon disclosing […]

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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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