On Tuesday, the U.S. Court of Appeals for the D.C. Circuit vacated all orders in the military commission trial of Abd al-Rahim al-Nashiri since 2015, on the basis that the primary judge in the case, Col. Vance Spath, should have been disqualified from his position while seeking a job as an immigration judge with the Justice Department. Lawfare shared the opinion and judgment.
Attorney General Bill Barr issued a rule on Tuesday that asylum seekers who present at the border and establish a "credible fear of prosecution or torture" are ineligible for release on bond once they are transferred from expedited removal proceedings to full deportation proceedings—the Department of Homeland Security may still choose to release asylum seekers, but cannot be compelled by immigration judges to do so. Lawfare shared the ruling.
President Trump vetoed a bipartisan resolution from Congress made pursuant to the 1973 War Power Resolution, which would have required him to end U.S. military involvement in hostilities in Yemen absent further authorization, reports the New York Times. This is the second veto of is presidency.
Apple and Qualcomm settled their two-year legal dispute just as the trial began on Tuesday, says the Times. The two companies said they have reached an agreement whereby Apple will pay unspecified royalties on Qualcomm’s patents for the next six years.
The U.N. announced yesterday that nearly 20,000 people in Libya have been displaced by fighting between rival militias near the capital city of Tripoli, according to the Washington Post.
ICYMI: Yesterday on Lawfare
Matthew Waxman analyzed a declassified 1962 Justice Department memo justifying the Bay of Pigs attempted invasion.
Steve Vladeck argued that Tuesday’s ruling in the U.S. Court of Appeals for the D.C. Circuit regarding the Nashiri case demonstrate that the military commissions have failed. Sarah Grant provided a summary of the decision, and Mikhaila Fogel shared the full ruling and judgement.
Jen Patja Howell shared the latest episode of the Lawfare Podcast, in which climate expert Michelle Melton speaks with Benjamin Wittes about viewing climate change through a national security paradigm.
Amanda Loh examined the state of FirstNet, a dedicated communications network for public safety services.
Bobby Chesney and Steve Vladeck shared the latest episode of the National Security Law Podcast, in which they discuss the arrest of Julian Assange, the IRCG as a foreign terrorist organization, the leadership purge at the Department of Homeland Security and more.
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