Ian Eppler  //  11/5/17  //  Topic Update

The Trump administration said that it considers the suspected NYC attacker an “enemy combatant” and would consider sending him to Guantánamo Bay (Politico, Hill, LA Times).

• The suspect has been charged in federal court (Reuters).
• Sending the alleged attacker to Gitmo may not be lawful (Atlantic).
• The National Security Law Podcast discusses some of the legal consequences of the attack.

The Senate Foreign Relations Committee heard testimony from the Trump administration on a new Authorization for Use of Military Force (Lawfare).

• Congress is asserting its power to remind the Trump administration that the President’s war powers are limited, writes Paul Kawika Martin for The Hill.

Congress needs to get answers from the Trump Administration on its views of the president’s authority to unilaterally launch an armed conflict, argues Ian Bassin in the Washington Post.

The U.S. should consider taking “purely defensive” cyber actions in the territory of other states when necessary to avoid the risks of escalation from inaction, writes Robert S. Taylor in Just Security.

The American military command in Afghanistan has begun classifying “key figures related to the growth and progress of local security forces” in reports by the Special Inspector General for Afghanistan (NYT).

Judge Chutkan should conduct limited jurisdictional discovery to determine the ACLU Foundation’s standing to bring a habeas petition on behalf of an American citizen detained as an enemy combatant in Iraq, argues Steve Vladeck in Just Security.

• Read the government’s motion to dismiss here.

Secretary of Defense Mattis and Secretary of State Tillerson that Congress did not need to pass a new authorization for the use of military force (WaPo, Reuters).

• Read a copy of Secretary Tillerson’s testimony here.

U.S. special forces have captured Mustafa al-Imam, a ringleader in the 2012 attack on the U.S. diplomatic compound in Benghazi, reports the New York Times.

• al-Imam will reportedly be tried in civilian court, largely continuing the policy of the Obama Administration, writes the Atlantic.

DOJ officials are struggling with what to do with a U.S. citizen and suspected member of ISIS captured and currently held in Iraq without charges, reportsthe Washington Post.

• Read the government’s reply brief arguing that the ACLU lacks standing to bring a habeas petition here.

Steps can be taken outside of Washington to save the Joint Comprehensive Plan of Action with Iran, writes Lawfare. 

The Trump Administration should publicly release its revised policy governing the use of lethal force against suspected terrorists outside of active war zones, writes Rita Siemion.

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