The National Security Law Podcast: We’re Spending It On Barbecue!

Spring classes may be over, but national security legal news hasn’t slowed down one bit. This week, we wrestle with the following: The D.C. Circuit ruling in Doe v. Mattis (forbidding the government from transferring him unless and until the government wins on the merits in the underlying habeas case). How did the majority parse the doctrine of transfers, why did the dissent disagree, what will happen next, and–by the way–isn’t it clear at this point that he could be prosecuted in civilian court under 18 U.S.C. 2339B? The D.C. Circuit briefing order relating to the al-Nashiri military commission case: The “seven-layer dip” case now has about layers, but the Circuit appears poised to take a substantial bite out of it in one fell swoop. Whether this will result in further difficulties for the prosecution or, instead, pave the way to trial, is not yet clear. The D.C. Circuit briefing order in Smith v.…

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