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Procedures for Terrorist ‘Watchlist’ Unconstitutional, Court Rules

Thursday, September 5, 2019, 4:13 PM

The U.S. District Court for the Eastern District of Virginia ruled that the federal government's Terrorist Screening Database program, commonly referred to as the terrorist "watchlist," does not provide "constitutionally adequate" process for Americans included in the database. The Court instructed both sides to submit briefs about what they each view as the appropriate relief. The ruling can be found here.

Elhady v Kable (PDF)Elhady v Kable (Text)

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Jacob Schulz is an associate editor at Lawfare and a research assistant at the Brookings Institution. Previously, he was a research assistant for Amherst College Professor Lawrence Douglas for two forthcoming books, one about the al-Nashiri Military Commissions case and one about the history of international criminal law. He earned a bachelor’s degree summa cum laude from Amherst College in Law, Jurisprudence & Social Thought and French. His wrote his senior thesis about drone warfare and legal theory.

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