The government's emerging position that it can prevent courts from addressing merits of the military detention of an unnamed U.S. citizen by declining indefinitely to identify him should be rejected—with nuance.
Latest in GTMO
I wanted to draw attention to a special episode of the National Security Law Podcast, which Steve Vladeck and I just recorded in response to President Trump's statement that it might be best to send Saipov (the terrorist who killed in NYC yesterday) to Guantanamo, his criticism of civilian criminal prosecution, and Senator Graham's suggestion that Saipov should be interrogated without counsel.
The Pentagon has confirmed that an American citizen is being held in U.S. military custody in Syria or Iraq as an enemy combatant
Perhaps Guantanamo Won't Get New Detainees After All? An Update on Efforts to Capture Islamic State Leaders
Yesterday, Eric Schmitt had a story in the New York Times providing a rare glimpse into the ongoing activities of the “Expeditionary Targeting Force” (“ETF”).
The indispensable Charlie Savage has just posted the latest iteration of the Trump Administration’s planned Executive Order on detention issues, along with an article placing that draft in context (including helpful insights from Jack Goldsmith and Ryan Goodman).
Joint Series on International Law and Armed Conflict: VanLandingham on Procedural Regulation of Detention
Attention to the "close GTMO" issue is spiking today, with President Obama taking to the podium to reiterate his position and the Defense Department releasing a new document describing the current roadmap to closure.