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 (PoliticoHillLA 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 conflictargues 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 inactionwrites 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 (WaPoReuters).

  • 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.


Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

President Trump's Guantánamo "policy" is best understood as an extension of his anti-Muslim bigotry, wrote Nimra Azmi and Sirine Shebaya at Take Care. The terrorist watchlist statistics from last week's DOJ and DHS exaggerate the threat of terrorism, argued Harsha Panduranga at Just Security. The Pentagon's new National Defense Strategy contains notable omissions related to climate change and the use of special operations forces.

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

In a series of tweets, President Trump wavers between opposition and support of FISA reauthorization. On the 16th anniversary of the prison’s founding, Guantanamo Bay prisoners file mass habeas petition.

Updates | The Week of December 18, 2017

12/24/17  //  Daily Update

The Trump Administration unveiled its new National Security Strategy. A majority of the United Nations General Assembly voted to rebuke America's decision to recognize Jerusalem as the capital of Israel and to relocate the U.S. Embassy.